(1) A police officer not below the rank of corporal or a financial investigator of the Financial Intelligence Authority who is lawfully on any premises and who has reasonable grounds for suspecting that there is a listed asset on the premises, may search for the listed asset on the premises.
(2) The powers conferred under subsection (1) are exercisable if—
(a) the police officer or a financial investigator of the Financial Intelligence Authority has reasonable grounds for suspecting that there is a seizable listed asset in a vehicle;
(b) it appears to the police officer or a financial investigator of the Financial Intelligence Authority that the vehicle is under the control of a person who is in or in the vicinity of the vehicle; and
(c) the vehicle is in a place referred to under subsection (3).
(3) The place under subsection (2)(c) is—
(a) a place to which, at the time of the proposed exercise of the powers, the public or a section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; and
(b) any other place to which at that time people have ready access and is not a dwelling.
(4) Where a vehicle is in a garden, yard or other land occupied with and used for the purposes of a dwelling, the police officer not below the rank of corporal or a financial investigator of the Financial Intelligence Authority may exercise the powers conferred under subsection (5) if he or she has reasonable grounds for believing—
(a) that the suspect does not reside in the dwelling; and
(b) that the vehicle is not in the place in question with the express or implied permission of a person who resides at the dwelling.
(5) The powers conferred under subsection (4) are to require the suspect to permit—
(a) entry to the vehicle,
(b) a search of the vehicle;
(c) detention of the vehicle for so long as is necessary to conduct an investigation.
(6) Where a police officer not below the rank of corporal or a financial investigator of the Financial Intelligence Authority has reasonable grounds for suspecting that a person is carrying a seizable listed asset, he or she may—
(a) so far as he or she thinks necessary or expedient, require the suspect—
(i) to permit a search of any article he or she has with him or her, and
(ii) to permit a search of his or her person; and
(b) for the purposes of exercising his or her power under paragraph (a)(ii), detain the person for a period that is reasonably necessary for the exercise of that power.
(7) The powers under subsection (6) are exercisable so far as reasonably required for the purpose of finding a seizable listed asset and this section does not require a person to submit to an intimate search.
(8) Where a power under this section is being exercised in respect of more than one seizable listed asset, this section applies as if the value of each asset or part of an asset is equal to the aggregate value of all of the assets or parts.
(9) In this section, “seizable listed asset” means—
(a) all or part of it is recoverable property that is intended by any person to be used in criminal conduct; and
(b) the value or the part of the listed asset, that falls within paragraph (a), that is not less than the minimum value of $10,000.
(Inserted by Act 18 of 2023)