79ASeizure warrants—public places

79A Seizure warrants—public places S. 79A(1) amended by No. 37/2014 s. 10(Sch. item 25.8), substituted by No. 44/2022 s. 11. (1) The following may apply to a magistrate or to a judge of the Supreme Court or County Court for a seizure warrant to be issued under this Part— (a) in the case of an application in respect of tainted property which is at a public place—a police officer; (b) in the case of an application in respect of property forfeited under this Act which is at a public place—a police officer or a person who holds a prescribed office or a person belonging to a prescribed class. S. 79A(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), if satisfied that there are reasonable grounds for believing that there is, or may be within the next 72 hours, any tainted property at a public place or any property forfeited under this Act at a public place, may issue a seizure warrant authorising any police officer to seize— (a) the tainted property specified in the warrant from a public place; or (b) the forfeited property specified in the warrant from a public place. S. 79A(3) amended by No. 87/2004 s. 22(2)(d). (3) A seizure 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 seizure warrant— (c) a description of the property authorised to be seized. (5) Nothing in a seizure warrant authorises— (a) the seizure of property other than the property specified in the warrant; or (b) the arrest of a person; or (c) the entry of any premises to seize property. (6) Every seizure warrant issued under subsection (2) must be in the prescribed form.