Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 71

Search warrant

71. Search warrant



(1) A member of the police force may apply to a magistrate for the issue of a
search warrant in relation to a particular place if the member believes on
reasonable grounds that there is or has been or will be a contravention of
this Act on or in the place.

(2) If a magistrate is satisfied by the evidence, on oath or by affidavit, of
a member of the police force that there are reasonable grounds for suspecting
that there is, or may be within the next 28 days, a thing or things of a
particular kind connected with an offence against this Act on or in a place,
the magistrate may issue in accordance with the Magistrates' Court Act 1989 a
search warrant authorising a member named in the warrant-

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

   (b)  to search for and seize a thing named or described in the warrant and
        which the member believes on reasonable grounds to be connected with
        the offence.

(3) 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 later than 28 days after the issue of the warrant, on which
        the warrant ceases to have effect.

(4) 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.