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.

(5) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 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.

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].