36ISeizure of things not mentioned in the warrant

36I Seizure of things not mentioned in the warrant

A search warrant under section 36F authorises an inspector or police officer executing the search warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize any thing which is not of the kind described in the warrant if—

S. 36I(a) amended by Nos 49/2009 s. 42, 51/2024 ss 23, 39(2).

(a) the inspector or police officer believes, on reasonable grounds, that the thing is of a kind which could have been included in a search warrant issued under that section and will afford evidence about the contravention of this Act, other than Division 1A of Part 2 or Part 3AA or 3AAB, or the regulations; and

S. 36I(b) amended by Nos 49/2009 s. 42, 51/2024 ss 23, 39(2).

(b) the inspector or police officer believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the contravention of this Act, other than Division 1A of Part 2 or Part 3AA or 3AAB, or the regulations.

S. 36J inserted by No. 43/2000 s. 15.