Western Australian Current Acts

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CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 76

76 .         Additional powers for powers under s. 73 and 74

        (1)         When a police officer exercises any of his or her powers under section 73 or under a warrant under section 74, the officer may do any or all of the following —

            (a)         seize and detain any documents found in the course of exercising those powers if there are reasonable grounds for suspecting that they 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 officer any information within the person’s knowledge or control that is relevant to locating property that is reasonably suspected of being confiscable;

            (e)         require a person to give to the officer any information within the person’s knowledge or control that is relevant to determining whether or not property is confiscable;

            (f)         require a person to give the officer, or arrange for the 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 officer’s powers under the warrant.

        (2)         A person who, without lawful excuse, contravenes a requirement commits an offence.

        Penalty: $100 000 or imprisonment for 5 years, or both.

        (3)         Without limiting subsection (2), a person contravenes a requirement if the person —

            (a)         does not disclose material information of which the person had knowledge, or gives false information or a false document, in purported compliance with the requirement; and

            (b)         was aware, or could reasonably have been expected to have been aware, that the information was material, or that the information or document was false.

        (4)         A person is not excused from complying with a requirement on the grounds that complying with it would tend to incriminate the person or render him or her liable to a penalty, but any information given in compliance with the requirement is not admissible in evidence in proceedings against the person for any offence except an offence under subsection (2).



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