Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 97N

Search and seizure warrant

97N. Search and seizure warrant



(1) A magistrate to whom an application is made under section 97M, if
satisfied that there are reasonable grounds for believing the matters set out
in the application, may issue a search and seizure warrant to the person or
persons named in the warrant to enter the specified premises and search for
and seize the specified property.

(2) A search and seizure warrant issued under subsection (1) may authorise the
person or persons named in the warrant-

   (a)  to enter the premises specified in the warrant; and

   (b)  to break open any receptacle in or on the premises specified in the
        warrant for the purposes of the search and seizure of the property
        specified in the warrant, if it is reasonably necessary to do so; and

   (c)  to search for and seize the property specified in the warrant.

(3) A search and seizure warrant issued under subsection (1) may authorise the
sheriff or a person directed by the sheriff to break and enter the premises
specified in the warrant.

(4) Nothing in a search and seizure warrant authorises-

   (a)  the seizure of any property that is not specified in the warrant; or

   (b)  the arrest of a person.

(5) There must be stated in a search and seizure warrant-

   (a)  the purpose for which the warrant is issued; and

   (b)  a description of the property authorised to be seized; and

   (c)  the address or other description of the premises in respect of which
        the warrant is issued.

(6) Every search and seizure warrant issued under subsection (1) must be in
the prescribed form.