Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-5 - SEARCH AND SEIZURE  

Division 1 - Search warrants  

Subdivision A - Issuing search warrants  

SECTION 227   Contents of warrants  

227(1)    
A * search warrant must state:

(a)    the nature of the property in respect of which action has been or could be taken under this Act; and

(b)    the nature of that action; and

(c)    a description of the * premises to which the warrant relates, or the name or description of the person to whom it relates; and

(d)    the kinds of * tainted property or * evidential material that is to be searched for under the warrant; and

(e)    the name of the * authorised officer who is responsible for executing the warrant, unless he or she inserts the name of another authorised officer in the warrant; and

(f)    the time at which the warrant expires (see subsection (2) ); and

(g)    whether the warrant may be executed at any time or only during particular hours.

(h) - (i)    (Repealed by No 82 of 2026)

Additional contents - warrants relating to premises

227(1A)    
If the * search warrant mentioned in subsection (1) is a warrant relating to * premises, it must also state:

(a)    that the warrant authorises the seizure of 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 the executing officer or person assisting 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

(b)    that the warrant authorises the * seizure of a digital asset if paragraphs 228A(1)(a) to (c) are satisfied; and

(c)    that the warrant authorises the seizure of 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

(d)    whether the warrant authorises an * ordinary search or a * frisk search of a person who is at or near the premises when the warrant is executed if the executing officer or a person assisting suspects on reasonable grounds that the person has any tainted property or evidential material in the person ' s possession.

Note:

The power to seize a digital asset under the warrant and certain other powers may be exercised after the warrant expires: see subsection 228A(8) .

Additional contents - warrants relating to a person

227(1B)    
If the * search warrant mentioned in subsection (1) is a warrant relating to a person, it must also state:

(a)    that the warrant authorises the seizure of other things found in the course of the search, on or in the possession of the person or in a * recently used conveyance in relation to the search of the person, being a thing 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 the executing officer or person assisting 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

(b)    that the warrant authorises the * seizure of a digital asset if paragraphs 228A(1)(a) to (c) are satisfied; and

(c)    that the warrant authorises the seizure of other things found 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

(d)    the kind of search of a person that the warrant authorises.

Note:

The power to seize a digital asset under the warrant and certain other powers may be exercised after the warrant expires: see subsection 228A(8) .

Expiry of search warrant

227(2)    
The time stated in the * search warrant under paragraph (1)(f) as the time at which the warrant expires must be a time that is not later than:

(a)    if the application for the warrant is made under section 229 (telephone warrants) - 48 hours after the warrant is issued; or

(b)    otherwise, a time that is not later than the end of the seventh day after the day on which the warrant is issued.

Example:

If a warrant is issued at 3 pm on a Monday, the expiry time specified must not be later than midnight on Monday in the following week.

Successive search warrants

227(3)    
Paragraph (1)(f) and subsection (2) do not prevent the issue of successive * search warrants in relation to the same * premises or person.