39Seizure of crime-used or crime-derived property

39 Seizure of crime-used or crime-derived property (1) A police officer may seize any property if there are reasonable grounds for suspecting that the property: (a) is crime-used property; or (b) is crime-derived property; or Criminal Property Forfeiture Act 2002 29 (c) is owned or effectively controlled by a person who has been charged with an offence and who could be declared to be a drug trafficker under section 36A of the Misuse of Drugs Act 1990 if he or she is convicted of the offence. (2) A police officer may: (a) at any time remove the seized property from the place in which it was found and retain it; or (b) guard the property in the place in which it was found. (3) A police officer may retain or guard the property: (a) if an interim restraining order under section 40 or a restraining order under section 43 or 44 is or has been made in relation to the property, including within 72 hours after the property was seized – while the interim restraining order or restraining order is in force; or (b) if no interim restraining order or restraining order is in effect in relation to the property – for not more than 72 hours after the property was seized. (4) Any income or other property derived from seized property while it is being retained or guarded is taken for all purposes to be part of the seized property.