sec.110AGeneral power to seize evidence—confiscation related investigation

### sec.110A General power to seize evidence—confiscation related investigation This section applies if a commission officer conducting a confiscation related investigation who lawfully enters a place under a search warrant— finds at the place a thing the officer reasonably suspects is— confiscation related evidence for any confiscation related investigation being conducted by the commission; or admissible evidence of an indictable offence against the law of the Commonwealth or of any State; and Subparagraph (ii) deals with the possibility that other evidence of offences may be found at the place even though entry is made for the purpose of finding confiscation related evidence. reasonably believes that it is necessary to seize the thing— to prevent its loss, destruction, mutilation or concealment; or to prevent its use for a confiscation related activity or for committing an offence of a kind mentioned in paragraph (a) . The officer may seize the thing. However, if a person who is entitled to claim the privilege claims the document or thing is subject to privilege, the commission officer must consider the claim and may— decide to withdraw the requirement in relation to which the claim is made; or decide not to withdraw the requirement and advise the person that the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 205ZZH . If a claim of privilege is made and the commission officer does not withdraw the requirement, chapter 4A , part 6 , division 3 applies. In this section— privilege does not include privilege on the ground of confidentiality. s 110A ins 2002 No. 68 s 295 amd 2013 No. 21 s 10 ; 2024 No. 41 s 18 (sec.110A-ssec.1) This section applies if a commission officer conducting a confiscation related investigation who lawfully enters a place under a search warrant— finds at the place a thing the officer reasonably suspects is— confiscation related evidence for any confiscation related investigation being conducted by the commission; or admissible evidence of an indictable offence against the law of the Commonwealth or of any State; and Subparagraph (ii) deals with the possibility that other evidence of offences may be found at the place even though entry is made for the purpose of finding confiscation related evidence. reasonably believes that it is necessary to seize the thing— to prevent its loss, destruction, mutilation or concealment; or to prevent its use for a confiscation related activity or for committing an offence of a kind mentioned in paragraph (a) . (sec.110A-ssec.2) The officer may seize the thing. (sec.110A-ssec.3) However, if a person who is entitled to claim the privilege claims the document or thing is subject to privilege, the commission officer must consider the claim and may— decide to withdraw the requirement in relation to which the claim is made; or decide not to withdraw the requirement and advise the person that the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 205ZZH . (sec.110A-ssec.4) If a claim of privilege is made and the commission officer does not withdraw the requirement, chapter 4A , part 6 , division 3 applies. (sec.110A-ssec.5) In this section— privilege does not include privilege on the ground of confidentiality. - (a) finds at the place a thing the officer reasonably suspects is— (i) confiscation related evidence for any confiscation related investigation being conducted by the commission; or (ii) admissible evidence of an indictable offence against the law of the Commonwealth or of any State; and Note— Subparagraph (ii) deals with the possibility that other evidence of offences may be found at the place even though entry is made for the purpose of finding confiscation related evidence. - (i) confiscation related evidence for any confiscation related investigation being conducted by the commission; or - (ii) admissible evidence of an indictable offence against the law of the Commonwealth or of any State; and Note— Subparagraph (ii) deals with the possibility that other evidence of offences may be found at the place even though entry is made for the purpose of finding confiscation related evidence. - (b) reasonably believes that it is necessary to seize the thing— (i) to prevent its loss, destruction, mutilation or concealment; or (ii) to prevent its use for a confiscation related activity or for committing an offence of a kind mentioned in paragraph (a) . - (i) to prevent its loss, destruction, mutilation or concealment; or - (ii) to prevent its use for a confiscation related activity or for committing an offence of a kind mentioned in paragraph (a) . - (i) confiscation related evidence for any confiscation related investigation being conducted by the commission; or - (ii) admissible evidence of an indictable offence against the law of the Commonwealth or of any State; and Note— Subparagraph (ii) deals with the possibility that other evidence of offences may be found at the place even though entry is made for the purpose of finding confiscation related evidence. - (i) to prevent its loss, destruction, mutilation or concealment; or - (ii) to prevent its use for a confiscation related activity or for committing an offence of a kind mentioned in paragraph (a) . - (a) decide to withdraw the requirement in relation to which the claim is made; or - (b) decide not to withdraw the requirement and advise the person that the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 205ZZH .