CONFISCATION ACT 1997 - SECT 113 Authority conferred by search warrant

CONFISCATION ACT 1997 - SECT 113

A search warrant authorises the person to whom it is directed, with any assistants and by any force that is necessary and reasonable—

        (a)     to break, enter and search any premises named or described in the warrant for any document of the kind described in the warrant; and

        (b)     to seize any document found in the course of the search that the person executing the warrant believes, on reasonable grounds, to be a document of that kind; and

        (c)     to seize any document or thing found in the course of the search that the person executing the warrant believes, on reasonable grounds—

S. 113(c)(i) amended by No. 87/2004 s. 22(2)(k).

              (i)     to be a property-tracking document in relation to the offence (although not of a kind described in the warrant) or in relation to another Schedule 1 offence or Schedule 2 offence; or

S. 113(c)(ii) amended by No. 87/2004 s. 22(2)(l).

              (ii)     to be a thing that will afford evidence about the commission of a Schedule 1 offence—

and that he or she believes, on reasonable grounds, is necessary to be seized in order to prevent its concealment, loss or destruction.

S. 114 amended by Nos 87/2004 s. 22(2)(m), 37/2014 s. 10(Sch. item 25.19).