Part 4General provisions in relation to search, surveillance, and inspection powers
Carrying out search powers: Seizure of cash found in suspicious circumstances
123BSeizure of cash of or over cash seizure threshold amount
This section applies to a constable who,—
- as part of their duties,—
- is exercising a search power; or
- is lawfully in any place or in or on a vehicle; or
- is conducting a lawful search of a person; and
- is exercising a search power; or
- sees or finds cash in the possession of any person that the constable reasonably believes to be an amount of or over the cash seizure threshold amount.
This section also applies to a constable who is informed by an enforcement officer that the enforcement officer, while lawfully screening or searching any person, item, or vehicle as part of their duties, has seen or found cash in the possession of any person in suspicious circumstances.
The constable may question the person in the possession of the cash about—
- the origin of the cash; and
- the intended use for the cash.
The constable must advise the person in possession of the cash of the power of the constable, or of any person assisting the constable, to seize the cash under subsection (5).
The constable, or any person assisting the constable, may seize the cash if the constable—
- reasonably believes the cash to be an amount of or over the cash seizure threshold amount; and
- is not satisfied with the explanations given by the person in response to the questions put to the person under subsection (3); and
- has reasonable grounds to suspect that the cash is not of lawful or legitimate origin or derivation, or is to be used for, or to further, any unlawful or dishonest purpose.
As soon as is reasonably practicable, and in any case not later than 7 days after the cash is seized, a constable must—
- return the cash to the person from whom it was seized, or have made contact with that person or that person’s representative to arrange for the return of the cash; or
- release the cash to the owner of the cash (if the owner is not the person from whom the cash was seized); or
- make an application to the District Court under section 123C for Police to hold the cash for a further period.
Nothing in this section affects or limits the power of a constable to seize property that is given by or under any other legislative provision or by the common law.
Notes
- Section 123B: inserted, on , by section 33 of the Criminal Activity Intervention Legislation Act 2023 (2023 No 7).