Victorian Consolidated Legislation

Children's Services Act 1996 - SECT 37

Entry to premises of unlicensed service-search warrant

37. Entry to premises of unlicensed service-search warrant



(1) An authorised officer may apply to a magistrate for the issue of a search
warrant in relation to particular premises if the officer believes on
reasonable grounds that a person is carrying on or operating a children's
service at those premises in contravention of section 7.

(2) If the magistrate to whom the application is made is satisfied by evidence
on oath, whether oral or by affidavit, that there are reasonable grounds for
suspecting that a person is carrying on or operating a children's service at
the premises in contravention of section 7, the magistrate may issue a search
warrant.

(3) A search warrant issued under this section must be directed to the
applicant for it and must authorise him or her, and any assistants he or she
reasonably requires, to enter the premises, or the part of the premises, named
or described in the warrant to search for any article, thing or material of a
kind named or described in the warrant which there is reasonable ground to
believe will afford evidence as to the commission of an offence against
section 7.

(4) In addition to any other requirement, a search warrant issued under this
section must state-

   (a)  any conditions to which the warrant is subject; and

   (b)  whether entry is authorised to be made any time of the day or night or
        during stated hours of the day or night; and

   (c)  a date, not being later than 7 days after the date of issue of the
        warrant, on which the warrant ceases to have effect.

(5) A search warrant must be issued in accordance with the
Magistrates' Court Act 1989 and be in the form prescribed under that Act.

(6) Subdivisions 1 and 5 of Division 3 of Part 4 of the
Magistrates' Court Act 1989 extend and apply to warrants under this section.