Contents of POCA search warrants
34ZC Contents of POCA search warrants
A POCA search warrant in relation to a foreign serious 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 tainted property of the foreign serious offence that is not of a kind specified in the warrant; or
is evidential material relating to the foreign serious offence that is not of a kind specified in the warrant; or
is tainted property of, or evidential material relating to, another foreign serious offence in relation to which a POCA search warrant is in force; or
is relevant to a criminal proceeding in respect of the foreign serious offence in the foreign country that requested the assistance referred to in section 34ZG in relation to that offence; or
will afford evidence as to the commission of an Australian criminal offence; 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 34ZB(3)(d), the POCA search warrant must also state the matters set out in section 227 of the Proceeds of Crimes Act.
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