37Seizure of property under warrants

37 Seizure of property under warrants

37 Seizure of property under warrants

(1) A member of the Police Force executing a search warrant issued under this Part may seize property of the kind specified in the warrant.

(2) A search warrant issued under this Part authorises the seizure of property if, in executing the warrant, a member of the Police Force—

(a) finds property the member believes on reasonable grounds to be seizable property, and

(b) believes on reasonable grounds it is necessary to seize the property to prevent the property’s—

(i) concealment, loss or destruction, or

(ii) use in committing, continuing or repeating a serious offence or serious drug offence.

(3) The power conferred by this section to seize property includes a power to—

(a) remove the property from the premises where it is found, and

(b) guard the property in or on those premises.

(4) In this section—

seizable property means—

(a) tainted property, or

(b) property a member of the Police Force 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.

s 37: Subst 2022 No 55, Sch 1[12].