CONFISCATION ACT 1997 - SECT 97N Search and seizure warrant

CONFISCATION ACT 1997 - SECT 97N

    (1)     A magistrate to whom an application is made under section 97M, if satisfied that there are reasonable grounds for believing the matters set out in the application, may issue a search and seizure warrant to the person or persons named in the warrant to enter the specified premises and search for and seize the specified property.

    (2)     A search and seizure warrant issued under subsection (1) may authorise the person or persons named in the warrant—

        (a)     to enter the premises specified in the warrant; and

        (b)     to break open any receptacle in or on the premises specified in the warrant for the purposes of the search and seizure of the property specified in the warrant, if it is reasonably necessary to do so; and

        (c)     to search for and seize the property specified in the warrant.

    (3)     A search and seizure warrant issued under subsection (1) may authorise the sheriff or a person directed by the sheriff to break and enter the premises specified in the warrant.

    (4)     Nothing in a search and seizure warrant authorises—

        (a)     the seizure of any property that is not specified in the warrant; or

        (b)     the arrest of a person.

    (5)     There must be stated in a search and seizure warrant—

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

        (b)     a description of the property authorised to be seized; and

        (c)     the address or other description of the premises in respect of which the warrant is issued.

    (6)     Every search and seizure warrant issued under subsection (1) must be in the prescribed form.

S. 97O inserted by No. 63/2003 s. 27.