Document ID: chunk:federal_register_of_legislation:C2018C00493:section:40ar
Version: federal_register_of_legislation:C2018C00493
Segment Type: section
Provision Reference: s 40AR
Character Range: 79094–80349

40AR  Seizure of certain property or things found in the course of search
  A POCA search warrant in relation to a Tribunal 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 proceeds of the Tribunal offence that are not of a kind specified in the warrant; or
 (ii) is evidential material relating to the Tribunal offence that is not of a kind specified in the warrant; or
 (iii) is proceeds of, or evidential material relating to, another Tribunal offence in relation to which a POCA search warrant is in force; or
 (iv) is relevant to a proceeding in the Tribunal in respect of the Tribunal offence; or
 (v) will afford evidence as to the commission of an offence against an Australian law; 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 40AP(3)(d), the POCA search warrant also authorises the things set out in section 228 of the Proceeds of Crime Act 2002.