Victorian Consolidated Legislation

Control of Weapons Act 1990 - SECT 11

Warrant to search

11. Warrant to search



(1) If a magistrate is satisfied by the evidence, on oath or by affidavit, of
any member of the police force of or above the rank of sergeant or for the
time being in charge of a police station that there is reasonable ground for
suspecting that an offence against section 5 has been or is being committed,
he or she may grant a search warrant authorizing any member of the police
force named therein-

   (a)  to enter at any time by day or by night any premises or place named in
        the warrant, if necessary by force; and

   (b)  to search the premises or place and every person found therein; and

   (c)  to seize and detain any prohibited weapon which he or she finds on the
        premises or place or on any such person and in respect of which or in
        connection with which he or she has reasonable grounds for suspecting
        that an offence against section 5 has been or is being committed.

(2) Except as provided in subsection (1), 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.