CONFISCATION ACT 1997 - SECT 97M Application for search and seizure warrant

CONFISCATION ACT 1997 - SECT 97M

    (1)     A prescribed person or a person who belongs to a prescribed class of persons may apply to a magistrate for a search and seizure warrant to be issued under this Division in respect of specified property that has been forfeited under this Act if the applicant believes on reasonable grounds that the property is, or may be within the next 72 hours, in or on specified premises.

    (2)     An application for a search and seizure warrant must be made in writing.

    (3)     A magistrate must not issue a search and seizure warrant unless—

        (a)     the application for the warrant sets out the grounds on which the warrant is being sought; and

        (b)     the applicant has given the magistrate, either orally or in writing, any further information that the magistrate requires concerning the grounds on which the warrant is being sought; and

        (c)     the information given by the applicant is verified before the magistrate on oath or affirmation or by affidavit.

    (4)     A magistrate may administer an oath or affirmation or take an affidavit for the purposes of an application for a search and seizure warrant.

S. 97N inserted by No. 63/2003 s. 27.