Document ID: chunk:federal_register_of_legislation:C2018C00169:section:36:p1
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 36 (pt 1/3)
Character Range: 100214–102795

36  Search warrants in relation to tainted property
 (1) Where a police officer has reasonable grounds for suspecting that there is, or may be within the next following 72 hours, tainted property of a particular kind:
 (a) on a person;
 (b) in the clothing that is being worn by a person; or
 (c) otherwise in a person's immediate control;
the police officer may:
 (d) lay before a magistrate an information on oath setting out those grounds; and
 (e) apply for the issue of a warrant to search the person for tainted property of that kind.
 (2) Where an application is made under subsection (1) for a warrant to search a person, the magistrate may, subject to subsection (6), issue a warrant authorising a police officer (whether or not named in the warrant), with such assistance, and by such force, as is necessary and reasonable:
 (a) to search the person for tainted property of that kind; and
 (b) to seize property found in the course of the search that the police officer believes, on reasonable grounds, to be tainted property of that kind.
 (3) Where a police officer has reasonable grounds for suspecting that there is, or may be within the next following 72 hours, upon any land, or upon or in any premises, tainted property of a particular kind, the police officer may:
 (a) lay before a magistrate an information on oath setting out those grounds; and
 (b) apply for the issue of a warrant to search the land or premises for tainted property of that kind.
 (4) Where an application is made under subsection (3) for a warrant to search land or premises, the magistrate may, subject to subsection (6), issue a warrant authorising a police officer (whether or not named in the warrant), with such assistance, and by such force, as is necessary and reasonable:
 (a) to enter upon the land, or upon or into the premises;
 (b) to search the land or premises for tainted property of that kind; and
 (c) to seize property found in the course of the search that the police officer believes on reasonable grounds to be tainted property of that kind.
 (5) A warrant may be issued under subsection (2) or (4) in relation to tainted property whether or not an information has been laid in respect of the relevant offence.
 (6) A magistrate shall not issue a warrant under subsection (2) or (4) unless:
 (a) the informant or some other person has given to the magistrate, either orally or by affidavit, any further information that the magistrate requires concerning the grounds on which the issue of the warrant is sought;
 (b) where an information has not been laid in respect of