New South Wales Consolidated Acts

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Seizure of things pursuant to search warrant

49 Seizure of things pursuant to search warrant

(cf Search Warrants Act 1985 , s 7, former LEPRA, s 49)

(1) A person executing a search warrant issued under this Division--
(a) may seize and detain a thing (or thing of a kind) mentioned in the warrant, and
(b) may, in addition, seize and detain any other thing that the person finds in the course of executing the warrant and that the person has reasonable grounds to believe is connected with any offence.
(2) Without limiting subsection (1), the power to seize and detain a thing includes--
(a) a power to remove the thing from the premises where it is found, and
(b) a power to guard the thing in or on those premises, and
(c) if it is a covert search warrant that authorises the placing of a kind of thing in substitution for a seized thing--a power to place a thing of that kind on the subject premises in substitution for a thing seized.
Note : For the disposal of things seized pursuant to a search warrant, see Division 2 of Part 17.

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