Document ID: chunk:federal_register_of_legislation:C2025C00155:section:203:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 203 (pt 1/2)
Character Range: 1275226–1277788

203  When seizure warrants for forfeited goods can be issued
 (1) A judicial officer may issue a warrant to seize goods on or in particular premises if the judicial officer is satisfied by information on oath that an authorised person:
 (a) has reasonable grounds for suspecting that the goods:
 (i) are forfeited goods; and
 (ii) are, or within the next 72 hours will be, on or in the premises; and
 (b) has demonstrated the necessity, in all the circumstances, for seizure of the goods.
 (2) Subsection (1) does not apply to the seizure of goods under section 203B, 203C, 203CA or 203CB.
 (3) In considering whether the authorised person has demonstrated the necessity, in all the circumstances, for seizure of the goods, the judicial officer may have regard to, but is not limited to, consideration of the following factors:
 (a) the seriousness or otherwise of any offence by reason of the commission of which the goods are believed to be forfeited goods;
 (b) the circumstances in which any such offence is believed to have been committed;
 (c) the pecuniary or other penalty that might be imposed for any such offence;
 (d) the nature, quality, quantity and estimated value of the goods;
 (e) whether an infringement notice might be given for any such offence;
 (f) the inconvenience or cost to any person having a legal or equitable interest in the goods if they were seized.
 (4) If:
 (a) the person applying for the warrant has, at any time previously, applied for a warrant relating to the search of, or seizure of goods that are on or in, the same premises; and
 (b) the premises are not a Customs place;
the person must state particulars of those applications and their outcome in the information.
 (5) If a judicial officer issues a warrant, the judicial officer is to state in the warrant:
 (a) a description of the goods to which the warrant relates; and
 (b) a description of the premises on or in which the goods are believed to be located; and
 (c) the name of the authorised person who, unless that authorised person inserts the name of another authorised person in the warrant, is to be responsible for executing the warrant; and
 (d) the time at which the warrant expires (see subsection (5A)); and
 (e) whether the warrant may be executed at any time or only during particular hours.
 (5A) The time stated in the warrant under paragraph (5)(d) as the time at which the warrant expires must be a time that is not later than the end of the seventh day after the day on which the warrant is issued.
Example: If a warrant is issued at 3 pm on a