Victorian Consolidated Legislation

Crimes Act 1958 - SECT 92

Search for stolen goods

92. Search for stolen goods









(1) If a magistrate is satisfied by evidence on oath or by affidavit that
there is reasonable cause to believe that any person has-

   (a)  in the custody or possession of the person; or

   (b)  on any premises (including any vehicle on or in those premises) of the
        person; or

   (c)  on or in a particular vehicle located in a public place-

any stolen goods, the magistrate may grant a warrant to search for and seize
those goods.

(1A) A warrant issued under subsection (1) must be addressed to a constable
unless the warrant is issued under the authority of an enactment that
expressly provides otherwise.

(2) An officer of police not below the rank of inspector may give a constable
written authority to search any premises for stolen goods-

   (a)  if the person in occupation of the premises has been convicted within
        the preceding five years of handling stolen goods or of any offence
        involving dishonesty and punishable with imprisonment; or

   (b)  if a person who has been convicted within the preceding five years of
        handling stolen goods has within the preceding twelve months been in
        occupation of the premises.

(3) If under this section a person is authorised to search premises or a
particular vehicle located in a public place for stolen goods, he or she may
enter and search the premises or the vehicle accordingly, and may seize any
goods the person believes to be stolen goods.

(4) This section is to be construed in accordance with section 90 and in
subsection (2) the references to handling stolen goods shall include any
corresponding offence committed before the commencement of the Crimes (Theft)
Act 1973.

(5) In this section-

public place has the same meaning as it has in section 3 of the
Summary Offences Act 1966; vehicle includes motor vehicle, aircraft and
vessel.