NSWIn ForceAct
Confiscation of Proceeds of Crime Act 1989
67BSeizure of property-tracking documents
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#### 67B Seizure of property-tracking documents
67B Seizure of property-tracking documents
> > (1) An authorised officer executing a search warrant under this Division in relation to a property-tracking document may—
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> > > (a) make copies of, and take extracts from, the document, and
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> > > (b) for a document that is, or that might reasonably be suspected of being, held in or accessible from, a computer—give a direction to a person to give the authorised officer—
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> > > > (i) information or assistance that is reasonable and necessary to enable the officer to access data held in, or accessible from, the computer, or
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> > > > (ii) information or assistance reasonably necessary to allow the officer to—
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> > > > > (A) copy data from the computer to another computer, or
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> > > > > (B) convert the data into documentary form or another form intelligible to a computer used by the officer.
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> > (2) Without limiting subsection (1)(b), the authorised officer may require the person to provide assistance in accessing data on a computer secured by biometric means, including, for example, fingerprints or retina scans.
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> > (3) A search warrant issued under this Division is taken to authorise the seizure of a document or thing that the authorised officer executing the search warrant reasonably believes—
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> > > (a) will afford evidence of a criminal offence, whether under the law of this State or the Commonwealth or another State or a Territory, and
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> > > (b) is necessary to seize to prevent the concealment, loss or destruction of the document or thing.
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> > (4) Self-incrimination is not a reasonable excuse for refusing to comply with a direction given under subsection (1)(b).
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> > (5) To avoid doubt—
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> > > (a) information provided by a specified person under subsection (1) to access data held in or accessible from a computer may be used only forthat purpose and no other purpose, and
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> > > (b) this section is subject to any other provision of this Act or another Act that provides for how a police officer may take particulars that are necessary to identify a person.
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> > (6) In this section—
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> > computer means an electronic device for storing, processing or transferring information.
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> **s 67B:** Ins 2022 No 55, Sch 1\[16\].