QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.43If property seizure order directed to commission officer
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### sec.43 If property seizure order directed to commission officer
This section applies if the Supreme Court makes a property seizure order that is directed to a commission officer.
The order—
is taken to be a search warrant issued by a Supreme Court judge under the Crime and Corruption Act 2001 in relation to confiscation related evidence as defined under that Act; and
is taken to authorise a commission officer to exercise search warrant powers under the Crime and Corruption Act 2001 , section 92 , including search warrant powers mentioned in section 92 (2) and (3) or stated in the order, to the extent necessary for giving effect to the order.
Property seized under the order is taken to have been seized under the Crime and Corruption Act 2001 .
The Crime and Corruption Act 2001 , section 93 applies to the order as if the order were a search warrant.
It is sufficient compliance with the Crime and Corruption Act 2001 , section 93 (1) for the commission officer to give the occupier of the place a copy of the order or, if the occupier of the place is not present, to leave the copy in a conspicuous place.
The Crime and Corruption Act 2001 , sections 113 and 114 do not apply to property seized under the order.
s 43 amd 2014 No. 21 s 94 (2) sch 2
(sec.43-ssec.1) This section applies if the Supreme Court makes a property seizure order that is directed to a commission officer.
(sec.43-ssec.2) The order— is taken to be a search warrant issued by a Supreme Court judge under the Crime and Corruption Act 2001 in relation to confiscation related evidence as defined under that Act; and is taken to authorise a commission officer to exercise search warrant powers under the Crime and Corruption Act 2001 , section 92 , including search warrant powers mentioned in section 92 (2) and (3) or stated in the order, to the extent necessary for giving effect to the order.
(sec.43-ssec.3) Property seized under the order is taken to have been seized under the Crime and Corruption Act 2001 .
(sec.43-ssec.4) The Crime and Corruption Act 2001 , section 93 applies to the order as if the order were a search warrant.
(sec.43-ssec.5) It is sufficient compliance with the Crime and Corruption Act 2001 , section 93 (1) for the commission officer to give the occupier of the place a copy of the order or, if the occupier of the place is not present, to leave the copy in a conspicuous place.
(sec.43-ssec.6) The Crime and Corruption Act 2001 , sections 113 and 114 do not apply to property seized under the order.
- (a) is taken to be a search warrant issued by a Supreme Court judge under the Crime and Corruption Act 2001 in relation to confiscation related evidence as defined under that Act; and
- (b) is taken to authorise a commission officer to exercise search warrant powers under the Crime and Corruption Act 2001 , section 92 , including search warrant powers mentioned in section 92 (2) and (3) or stated in the order, to the extent necessary for giving effect to the order.