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CONFISCATION ACT 1997 - SECT 79 Search warrants

CONFISCATION ACT 1997 - SECT 79

Search warrants

S. 79(1) amended by No. 37/2014 s. 10(Sch. item 25.8).

    (1)     A police officer may apply to a magistrate or to a judge of the Supreme Court or County Court for a search warrant to be issued under this Part in respect of any premises.

S. 79(2) amended by No. 37/2014 s. 10(Sch. item 25.8).

    (2)     A magistrate or judge to whom an application is made under subsection (1) may, if satisfied that there are reasonable grounds for believing that there is, or may be within the next 72 hours, any tainted property or any property forfeited under this Act in or on the premises, issue a search warrant authorising any police officer to break and enter the premises and do either or both of the following—

        (a)     search the premises for the tainted property or the forfeited property;

        (b)     search any person found in or on the premises in accordance with section 94.

S. 79(3) amended by No. 87/2004 s. 22(2)(c).

    (3)     A warrant may be issued under this Part in reliance on the commission of a Schedule 1 offence even if no person has been charged with that offence if the magistrate or judge is satisfied that it is likely that a person will be so charged within 48 hours.

    (4)     There must be stated in a warrant—

        (a)     the purpose for which the warrant is issued; and

        (b)     the nature of the offence in reliance on which the warrant is issued; and

        (c)     a description of the kind of property authorised to be seized.

    (5)     Every warrant issued under subsection (2) must be in the prescribed form.

    (6)     Nothing in this Part limits any of the provisions of any other Act relating to search warrants.

S. 79A inserted by No. 63/2003 s. 19.