Document ID: chunk:federal_register_of_legislation:C2018C00169:section:71:p1
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 71 (pt 1/3)
Character Range: 197165–199792

71  Search warrant for location etc. of property
 (1) Where:
 (a) a person has been convicted of an indictable offence and 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, in a State or Territory a property‑tracking document in relation to the offence; or
 (b) a police officer has reasonable grounds for suspecting that:
 (i) a person has committed an indictable offence; and
 (ii) there is, or may be within the next following 72 hours, upon any land, or upon or in any premises, in a State or Territory a property‑tracking document in relation to the offence;
the police officer may:
 (c) lay before a Judge of the Supreme Court of:
 (i) the State or Territory in which the person was convicted of the offence or in which the offence is believed to have been committed; or
 (ii) the State or Territory referred to in paragraph (a) or (b);
  an information on oath setting out those grounds; and
 (d) apply to the Judge for a search warrant under subsection (4) in respect of the land or premises.
 (2) Where a police officer applying for a warrant under this section in respect of an offence includes in the information under subsection (1) information on oath that the officer has reasonable grounds to believe that:
 (a) if the offence is an ordinary indictable offence:
 (i) the person who was convicted of the offence, or who is believed to have committed the offence, derived a benefit, directly or indirectly, from the commission of the offence; and
 (ii) property specified in the information is subject to the effective control of the person; or
 (b) if the offence is a serious offence—property specified in the information is subject to the effective control of the person;
the Judge may treat any document relevant to identifying, locating or quantifying that property as a property‑tracking document in relation to the offence for the purposes of this section.
 (3) In determining whether to treat a document, under subsection (2), as a property‑tracking document in relation to an offence, the Judge may have regard to the matters referred to in subsection 9A(2).
 (4) Where an application is made under subsection (1) for a search warrant in respect of land or premises, the Judge may, subject to subsections (5) and (6), issue a search 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 documents of the