Document ID: chunk:federal_register_of_legislation:C2018C00169:section:42:p1
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 42 (pt 1/3)
Character Range: 118799–121497

42  Search for and seizure of tainted property in relation to foreign offences
 (1) Where a police officer is authorised, under the Mutual Assistance Act, to apply to a magistrate of a State or Territory for a search warrant under this Act in relation to tainted property in respect of a foreign serious offence, the police officer may apply for the warrant accordingly and this Division applies to the application and to any warrant issued as a result of the application as if:
 (a) references in this Division to tainted property were references to tainted property in relation to the foreign serious offence;
 (b) references to a magistrate were references to a magistrate of the State or Territory specified in the police officer's authorisation under the Mutual Assistance Act; and
 (c) subsection 36(5), paragraph 36(6)(b), subsection 36(9) and section 40 were omitted.
 (2) If, in the course of searching, under a warrant issued under section 36, for tainted property in relation to a foreign serious offence, a police officer finds:
 (a) any property that the police officer believes, on reasonable grounds, to be tainted property in relation to the foreign serious offence, although not of the kind specified in the warrant;
 (b) any property that the police officer believes, on reasonable grounds, to be tainted property in relation to another foreign serious offence in respect of which a search warrant under section 36 is in force; or
 (c) any thing that the police officer believes, on reasonable grounds:
 (i) to be relevant to a criminal proceeding in the foreign country in respect of the foreign serious offence; or
 (ii) will afford evidence as to the commission of a criminal offence;
and the police officer believes, on reasonable grounds, that it is necessary to seize that property or thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence, the warrant shall be deemed to authorise the police officer to seize that property or thing.
 (3) Where property has been seized under a warrant issued under section 36 in respect of a foreign serious offence, a person who claims an interest in the property may apply to the Supreme Court of the State or Territory in which the warrant was issued for an order that the property be returned to the person.
 (4) Where a person makes an application under subsection (3) and the court is satisfied that:
 (a) the person is entitled to possession of the property;
 (b) the property is not tainted property in relation to the relevant foreign serious offence; and
 (c) the person who is believed or alleged to have committed the relevant foreign serious offence has no