Document ID: chunk:federal_register_of_legislation:C2025C00034:section:228
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 228
Character Range: 373949–375955

228  The things authorised by a search warrant—general
 (1) A *search warrant authorises the *executing officer or a *person assisting:
 (a) to enter the *premises and, if the premises are a *conveyance, to enter the conveyance, wherever it is; and
 (b) to search for and record fingerprints found at the premises and to take samples of things found at the premises for forensic purposes; and
 (c) to search the premises for the kinds of *tainted property or *evidential material specified in the warrant, and to seize things of that kind found at the premises; and
 (d) to seize other things found at the premises in the course of the search that the executing officer or a person assisting believes on reasonable grounds to be:
 (i) tainted property to which the warrant relates; or
 (ii) evidential material in relation to property to which the warrant relates; or
 (iii) evidential material (within the meaning of the Crimes Act 1914) relating to an *indictable offence;
  if he or she believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and
 (da) to seize other things found at the premises in the course of the search that the executing officer or a person assisting believes on reasonable grounds to be *things relevant to unexplained wealth proceedings; and
 (e) if the warrant so allows—to conduct an *ordinary search or a *frisk search of a person at or near the premises if the executing officer or a person assisting suspects on reasonable grounds that the person has any tainted property or evidential material in his or her possession.
 (2) A *search warrant authorises the *executing officer to make things seized under the warrant available to officers of other *enforcement agencies if it is necessary to do so for the purpose of:
 (a) investigating or prosecuting an offence to which the things relate; or
 (b) recovering *proceeds of an offence or an *instrument of an offence.