Contents 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:
the property or thing:
is proceeds of the Tribunal offence that are not of a kind specified in the warrant; or
is evidential material relating to the Tribunal offence that is not of a kind specified in the warrant; or
is proceeds of, or evidential material relating to, another Tribunal offence in relation to which a POCA search warrant is in force; or
is relevant to a proceeding in the Tribunal in respect of the Tribunal offence; or
will afford evidence as to the commission of an offence against an Australian law; and
the seizure of the property or thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence.
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.
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