Document ID: chunk:federal_register_of_legislation:C2021C00313:section:98
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 98
Character Range: 124265–125498

98  Applying for and issuing search warrants
 (1) An authorised officer may apply for a search warrant under the Proceeds of Crime Act in respect of the crime that is the subject of the proceeds request, if authorised to do so by the Attorney‑General under section 81A.
 (2) Part 3‑5 of the Proceeds of Crime Act applies to the application, and to any POCA search warrant issued as a result.
 (3) It applies as if:
 (a) a reference in that Part to tainted property were a reference to proceeds of the crime that is the subject of the proceeds request; and
 (b) a reference in that Part to evidential material were a reference to evidential material as defined in section 4 of this Act for the purposes of this Subdivision; and
 (c) the words "or section 100, 101 or 102 of the International Criminal Court Act 2002" were inserted after "this Act" in paragraph 254(1)(a) of the Proceeds of Crime Act; and
 (d) paragraphs 227(1)(a), (b), (h) and (ha) and 228(1)(d) and (da) and sections 256 to 262 of the Proceeds of Crime Act were omitted.
Note: Sections 99 and 99A of this Act also apply in relation to a POCA search warrant. Sections 100 to 102 of this Act also apply in relation to property or things seized under such a warrant.