40AQContents of POCA search warrants

40AQ Contents of POCA search warrants

A POCA search warrant in relation to a Tribunal offence must state that the warrant authorises the seizure of property or a thing found by an authorised officer, or a person assisting in relation to the warrant, in the course of the search if the authorised officer or person assisting believes on reasonable grounds that: (a) the property or thing: (i) is proceeds of the Tribunal offence that are not of a kind specified in the warrant; or (ii) is evidential material relating to the Tribunal offence that is not of a kind specified in the warrant; or (iii) is proceeds of, or evidential material relating to, another Tribunal offence in relation to which a POCA search warrant is in force; or (iv) is relevant to a proceeding in the Tribunal in respect of the Tribunal offence; or (v) will afford evidence as to the commission of an offence against an Australian law; and (b) the seizure of the property or thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence.

Note: Subject to paragraph 40AP(3)(d), the POCA search warrant must also state the matters set out in section 227 of the Proceeds of Crime Act 2002.