Part 4—Other requests by ICC

Division 14—Identification, tracing, and freezing or seizure, of proceeds of crimes within the jurisdiction of the ICC

Subdivision F—Search warrants relating to proceeds of crime and evidential material

98 Applying for and issuing search warrants
(1) An authorised officer may apply for a search warrant under the Proceeds of Crime Act in respect of the crime that is the subject of the proceeds request, if authorised to do so by the Attorney-General under section 81A.
(2) Part 3-5 of the Proceeds of Crime Act applies to the application, and to any POCA search warrant issued as a result.
(3) It applies as if:
(a) a reference in that Part to tainted property were a reference to proceeds of the crime 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 100, 101 or 102 of the International Criminal Court Act 2002” were inserted after “this Act” in paragraph 254(1)(a) of the Proceeds of Crime Act; 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 were omitted.

99 Contents of POCA search warrants
A POCA search warrant in relation to a crime within the jurisdiction of the ICC must state that the warrant authorises the seizure of property or a thing found by an authorised officer, or a person assisting in relation to the warrant, 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 crime that are not of a kind specified in the warrant; or
(ii) is evidential material relating to the crime that is not of a kind specified in the warrant; or
(iii) is proceeds of, or evidential material relating to, another crime within the jurisdiction of the ICC in relation to which a POCA search warrant is in force; or
(iv) is relevant to a proceeding in the ICC in respect of the crime within the jurisdiction of the ICC; 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.

99A Seizure of certain property or things found in the course of search
A POCA search warrant in relation to a crime within the jurisdiction of the ICC 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 crime that are not of a kind specified in the warrant; or
(ii) is evidential material relating to the crime that is not of a kind specified in the warrant; or
(iii) is proceeds of, or evidential material relating to, another crime within the jurisdiction of the ICC in relation to which a POCA search warrant is in force; or
(iv) is relevant to a proceeding in the ICC in respect of the crime within the jurisdiction of the ICC; 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.