Victorian Consolidated Legislation

Crimes Act 1958 - SECT 465

Issue of search warrant by magistrate

465. Issue of search warrant by magistrate





(1) Any magistrate who is satisfied by the evidence on oath or by affidavit of
any member of the police force of or above the rank of senior sergeant that
there is reasonable ground for believing that there is, or will be within the
next 72 hours, in any building, receptacle or place-



   (a)  anything upon or in respect of which any indictable offence has been
        or is suspected to have been committed or is being or is likely to be
        committed within the next 72 hours; or

   (b)  anything which there is reasonable ground to believe will afford
        evidence as to the commission of any such offence; or

   (c)  anything which there is reasonable ground to believe is intended to be
        used for the purpose of committing any indictable offence against the
        person for which the offender may be arrested without warrant-

may at any time issue a warrant authorizing some member of the police force or
other person named therein to search such building receptacle or place for any
such thing and to seize and carry it before the Magistrates' Court to be dealt
with according to law.

(1A) This section applies to and in respect of an offence against section 68
or 70 as if it were an indictable offence.

(1B) A magistrate who issues a warrant under subsection (1), if satisfied on
reasonable grounds by the evidence given under that subsection that the thing
to which the warrant relates is also tainted property within the meaning of
the Confiscation Act 1997, may, in that warrant, direct that the applicant
hold or retain that thing as if it were tainted property seized under a
warrant under section 79 of that Act as and from the date when that thing is
no longer required for evidentiary purposes under this Act.

(2) Subject to this section the rules to be observed with regard to search
warrants mentioned in the Magistrates' Court Act 1989 shall extend and apply
to warrants under this section.





(3) The provisions of this section shall be read and construed as in aid of
and not in derogation of the provisions with regard to warrants to search
contained in this or any other Act.

(4) The Governor in Council may make regulations prescribing the form of any
warrant to be issued under this section and any such regulations shall be
published in the Government Gazette and shall be laid before both Houses of
Parliament within fourteen days after the making thereof if Parliament is then
sitting, and if not then within fourteen days after the next meeting of
Parliament.



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