Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p23
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 54812–57542

or person assisting must, if requested to do so by the occupier of the premises or another person who apparently represents the occupier and who is present when the warrant is executed, give a copy of the document, film, computer file, thing or information to that person as soon as practicable after the seizure.

"(2) Subsection (1) does not apply if:

    (a) the thing that has been seized was seized under paragraph 201 (2)(b) or (c); or

    (b) possession by the occupier of the document, film, computer file, thing or information could constitute an offence.

"Subdivision D—Seizure of goods believed to be forfeited goods

When seizure warrants can be issued

"203.(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:

SCHEDULE 4—continued

    (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 or 203C.

"(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 administrative penalties might be imposed in respect of the goods;

    (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