36Search warrants

#### 36 Search warrants 36 Search warrants > > (1) A member of the Police Force may apply to an authorised officer for the issue of a search warrant if the member has reasonable grounds for believing there is or, within 72 hours, there will be in or on premises— > > > > > (a) tainted property, or > > > > > (b) property the member reasonably suspects is unlawfully acquired and belonging to, or in the effective control of, a person— > > > > > > > (i) against whom a drug trafficker declaration has been made, or > > > > > > > (ii) charged with a serious drug offence and against whom an application for a drug trafficker declaration may be made if the person were to be convicted of the offence. > > > (2) The authorised officer may, if satisfied there are reasonable grounds, issue a search warrant authorising a member of the Police Force to— > > > > > (a) enter the premises, and > > > > > (b) search the premises for the property. > > > (3) The search warrant must— > > > > > (a) set out a statement of the purpose for which the warrant is issued, including a description of the relevant serious offence or serious drug offence, and > > > > > (b) include a description of the kind of property authorised to be seized, and > > > > > (c) if the warrant relates to a person against whom a drug trafficker declaration has been made—include a copy of the drug trafficker declaration. > > > (4) Nothing in this Part limits the operation of Division 2 of Part 5 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). > > > (5) Division 4 of Part 5 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) applies to a search warrant issued under this Part. > > > (6) In this section— > > > > authorised officer has the same meaning as in the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). > > **s 36:** Am 1991 No 92, Sch 2; 2002 No 103, Sch 4.12 \[2\]–\[4\]; 2009 No 77, Sch 2.7 \[2\]; 2022 No 55, Sch 1\[10\] \[11\].