Excise Act 1901

PART IX - OFFICERS  

Division 1A - Search and seizure  

Subdivision C - Seizure of goods believed to be forfeited goods  

SECTION 107CB   THE THINGS THAT ARE AUTHORISED BY SEIZURE WARRANTS  

107CB(1)  
A seizure warrant that is in force in relation to premises authorises the executing officer or a person assisting:


(a) to enter the warrant premises; and


(b) to search for the goods described in the warrant; and


(c) to seize the goods described in the warrant; and


(d) if the warrant so allows:


(i) to conduct an ordinary search or a frisk search of a person at or near the premises if the executing officer or a person assisting suspects on reasonable grounds that the person has any goods that are goods the subject of the warrant in his or her possession; and

(ii) to seize any such goods found in the course of that search.

107CB(2)  
Without limiting the generality of the powers conferred by a warrant issued in respect of premises that are not a conveyance or a container, the warrant extends to every conveyance or container on the premises.

107CB(3)  
Without limiting the generality of the powers conferred by a warrant issued in respect of premises that are a conveyance, the warrant:


(a) permits entry of the conveyance, wherever it is; and


(b) extends to every container on the conveyance.

107CB(4)  
A warrant issued in respect of premises that are a container permits entry of the container, wherever it is, to the extent that it is of a size permitting entry.

107CB(5)  
If the warrant states that it may be executed only during particular hours, the warrant must not be executed outside those hours.

107CB(6)  
If the warrant authorises an ordinary search or a frisk search of a person, a search of the person different to that so authorised must not be done under the warrant.




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