Document ID: chunk:federal_register_of_legislation:C2018C00493:section:40ap
Version: federal_register_of_legislation:C2018C00493
Segment Type: section
Provision Reference: s 40AP
Character Range: 76583–77882

40AP  Applying for and issuing search warrants
 (1) An authorised officer may apply for a search warrant under the Proceeds of Crime Act 2002 in respect of the Tribunal offence that is the subject of the proceeds request, if authorised to do so by the Attorney‑General under section 40AB.
 (2) Part 3‑5 of the Proceeds of Crime Act 2002 applies to the application, and to any POCA search warrant issued as a result.
 (3) That Part applies as if:
 (a) a reference in that Part to tainted property were a reference to proceeds of the Tribunal offence that is the subject of the proceeds request; and
 (b) a reference in that Part to evidential material were a reference to evidential material as defined in section 4 of this Act for the purposes of this Subdivision; and
 (c) the words "or section 40AS, 40AT or 40AU of the International War Crimes Tribunals Act 1995" were inserted after "this Act" in paragraph 254(1)(a) of the Proceeds of Crime Act 2002; and
 (d) paragraphs 227(1)(a), (b), (h) and (ha) and 228(1)(d) and (da) and sections 256 to 262 of the Proceeds of Crime Act 2002 were omitted.
Note: Sections 40AQ and 40AR of this Act also apply in relation to a POCA search warrant. Sections 40AS to 40AU of this Act also apply in relation to property or things seized under such a warrant.