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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 112 Additional powers

CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 112

Additional powers

(1)  If a police officer exercises any of his or her powers under section 110 or under a search warrant issued under section 111 , the police officer may do one or more of the following:
(a) seize and retain any documents found in the course of exercising those powers if there are reasonable grounds for suspecting that the documents are property-tracking documents;
(b) take extracts from or make copies of, or download or print out, any property-tracking documents found in the course of exercising those powers;
(c) require a person who has control of any property-tracking documents found in the course of exercising those powers to make copies of, or download or print out, any property-tracking documents found in the course of exercising those powers;
(d) require a person to give to the police officer any information within the person's knowledge or control that is relevant to locating property that is reasonably suspected of being at risk of forfeiture under this Part;
(e) require a person to give to the police officer any information within the person's knowledge or control that is relevant to assessing whether or not property is at risk of forfeiture under this Part;
(f) require a person to give the police officer, or arrange for the police officer to be given, any translation, codes, passwords or other information necessary to gain access to or to interpret and understand any property-tracking documents or information located or obtained in the course of exercising the police officer's powers under the warrant.
(2)  A person must comply with a requirement imposed on him or her under subsection (1) .
Penalty:  Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 5 years, or both.
(3)  Without limiting subsection (2) , a person fails to comply with a requirement under subsection (1) if the person –
(a) does not disclose material information of which the person has knowledge, or gives false information, or a false document, in purported compliance with the requirement; and
(b) is aware, or could reasonably be expected to be aware, that the information is material or that the information or document is false; and
(c) in the case of false information or documents, does not inform the police officer that the information or document is false or is reasonably likely to be false –
(i) at the time of giving the information or document; or
(ii) as soon as reasonably practicable after becoming aware that the information or document was false or was reasonably likely to be false.
(4)  A person is not excused from complying with a requirement under subsection (1) on the grounds that complying with the requirement would tend to incriminate the person or expose him or her to a penalty.
(5)  Any evidence, information, document or thing obtained as a direct or indirect consequence of complying with a requirement under subsection (1) is not admissible in evidence in proceedings against the person for any offence except an offence against subsection (2) .