Victorian Consolidated Legislation

Associations Incorporation Act 1981 - SECT 37F

Search warrant

37F. Search warrant



(1) An inspector may apply to a magistrate for the issue of a search warrant
in relation to a particular place if-

   (a)  an incorporated association or person does not comply with a
        requirement of an inspector under section 37D within the time
        specified in the notice; or

   (b)  there are reasonable grounds for suspecting that there may be at that
        place any document or thing that may be evidence of the commission of
        an offence against this Act or the regulations.

(2) The magistrate may issue the search warrant if the magistrate is satisfied
by the evidence on oath, whether oral or by affidavit, of an inspector that
there are reasonable grounds for suspecting that there is or may be within the
next 28 days, at that place-

   (a)  a relevant document; or

   (b)  a document or thing that may be evidence of the commission of an
        offence against this Act or the regulations.

(3) A search warrant under this section authorises the inspector named in the
warrant and any assistants the inspector considers necessary-

   (a)  to enter the place specified in the warrant, if necessary by force;
        and

   (b)  to search for and seize-

   (i)  a relevant document named or described in the warrant; or

   (ii) a document or thing named or described in the warrant and which the
        inspector believes on reasonable grounds, to be connected with an
        offence.

(4) A search warrant issued under this section must state-

   (a)  the purpose for which the search is required and the nature of the
        offence suspected; and

   (b)  any conditions to which the warrant is subject; and

   (c)  whether entry is authorised to be made at any time of the day or night
        or during stated hours of the day or night; and

   (d)  a day not being later than 28 days after the issue of the warrant, on
        which the warrant ceases to have effect.

(5) A search warrant must be issued in accordance with the
Magistrates' Court Act 1989.

(6) Except as provided by this Act, the rules to be observed with respect to
search warrants mentioned in the Magistrates' Court Act 1989 extend and apply
to warrants under this section.