Document ID: chunk:federal_register_of_legislation:C2023C00229:section:34zca
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 34ZCA
Character Range: 126439–127837

34ZCA  Seizure of certain property or things found in the course of search
  A POCA search warrant in relation to a foreign serious offence authorises an authorised officer, or a person assisting in relation to the warrant, to seize property or a thing found by the authorised officer or person assisting in the course of the search if the authorised officer or person assisting believes on reasonable grounds that:
 (a) the property or thing:
 (i) is tainted property of the foreign serious offence that is not of a kind specified in the warrant; or
 (ii) is evidential material relating to the foreign serious offence that is not of a kind specified in the warrant; or
 (iii) is tainted property of, or evidential material relating to, another foreign serious offence in relation to which a POCA search warrant is in force; or
 (iv) is relevant to a criminal proceeding in respect of the foreign serious offence in the foreign country that requested the assistance referred to in section 34ZG in relation to that offence; or
 (v) will afford evidence as to the commission of an Australian criminal offence; and
 (b) the seizure of the property or thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence.
Note: Subject to paragraph 34ZB(3)(d), the POCA search warrant also authorises the things set out in section 228 of the Proceeds of Crimes Act.