Document ID: chunk:federal_register_of_legislation:C2018C00169:section:35
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 35
Character Range: 98624–100214

35  Powers to search for, and seize, tainted property
 (1) A police officer may:
 (a) search a person for tainted property; and
 (b) seize any property found in the course of the search that the police officer believes, on reasonable grounds, to be tainted property;
 but only if the search or seizure, as the case requires, is made:
 (c) with the consent of the person;
 (d) under a warrant issued under section 36; or
 (e) under section 38.
 (2) A police officer may:
 (a) enter upon land, or upon or into premises;
 (b) search the land or premises for tainted property; and
 (c) seize any property found in the course of the search that the police officer believes, on reasonable grounds, to be tainted property;
but only if the entry, search or seizure, as the case requires, is made:
 (d) with the consent of the occupier of the land or premises;
 (e) under a warrant issued under section 36; or
 (f) under section 38.
 (2A) A police officer is not empowered to do anything under this section after the commencement of the Proceeds of Crime Act 2002 unless it is done under a warrant issued under section 36 of this Act for which an application was made under that section before that commencement.
 (3) Where a police officer may search a person under this Division, the police officer may also search:
 (a) the clothing that is being worn by the person; and
 (b) any property in, or apparently in, the person's immediate control.
 (4) Nothing in this Division shall be taken to authorise a police officer to carry out a search by way of an examination of a body cavity of a person.