QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.44If property seizure order directed to police officer
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### sec.44 If property seizure order directed to police officer
This section applies if the Supreme Court makes a property seizure order that is directed to a police officer.
The order—
is taken to be a search warrant issued by a Supreme Court judge under the Police Powers and Responsibilities Act 2000 in relation to confiscation related evidence as defined under that Act; and
is taken to authorise a police officer to exercise search warrant powers under the Police Powers and Responsibilities Act 2000 , section 157 , including search warrant powers mentioned in section 157 (2) and (3) , to the extent necessary for giving effect to the order.
Property seized under the order is taken to have been seized under the Police Powers and Responsibilities Act 2000 .
The Police Powers and Responsibilities Act 2000 , section 158 applies to the order as if it were a search warrant.
It is sufficient compliance with the Police Powers and Responsibilities Act 2000 , section 158 (1) for the police 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 Police Powers and Responsibilities Act 2000 provisions about applications for the return of things in the possession of the police service generally do not apply to things seized under a property seizure order.
s 44 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )
(sec.44-ssec.1) This section applies if the Supreme Court makes a property seizure order that is directed to a police officer.
(sec.44-ssec.2) The order— is taken to be a search warrant issued by a Supreme Court judge under the Police Powers and Responsibilities Act 2000 in relation to confiscation related evidence as defined under that Act; and is taken to authorise a police officer to exercise search warrant powers under the Police Powers and Responsibilities Act 2000 , section 157 , including search warrant powers mentioned in section 157 (2) and (3) , to the extent necessary for giving effect to the order.
(sec.44-ssec.3) Property seized under the order is taken to have been seized under the Police Powers and Responsibilities Act 2000 .
(sec.44-ssec.4) The Police Powers and Responsibilities Act 2000 , section 158 applies to the order as if it were a search warrant.
(sec.44-ssec.5) It is sufficient compliance with the Police Powers and Responsibilities Act 2000 , section 158 (1) for the police 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 Police Powers and Responsibilities Act 2000 provisions about applications for the return of things in the possession of the police service generally do not apply to things seized under a property seizure order.
- (a) is taken to be a search warrant issued by a Supreme Court judge under the Police Powers and Responsibilities Act 2000 in relation to confiscation related evidence as defined under that Act; and
- (b) is taken to authorise a police officer to exercise search warrant powers under the Police Powers and Responsibilities Act 2000 , section 157 , including search warrant powers mentioned in section 157 (2) and (3) , to the extent necessary for giving effect to the order.