Victorian Consolidated Legislation

Dangerous Goods Act 1985 - SECT 15

Issue of search warrants

15. Issue of search warrants



(1) An inspector may apply to a magistrate for the issue of a search warrant
in relation to a particular place if the inspector believes on reasonable
grounds that there is, or may be within the next 72 hours, a particular thing
(including a document) at the place that may afford evidence of the commission
of an offence against this Act.

(2) A magistrate may issue the search warrant if he or she is satisfied by
evidence on oath, whether oral or by affidavit, that there are reasonable
grounds for suspecting that there is, or may be within 72 hours, a particular
thing (including a document) at the place that may afford evidence of the
commission of an offence against this Act.

(3) The search warrant may authorise a named inspector and any assistants the
inspector considers necessary-

   (a)  to enter the place or part of the place named or described in the
        warrant; and

   (b)  to search for the thing named or described in the warrant.

(4) In addition to any other requirement, the search warrant must state-

   (a)  the offence suspected; and

   (b)  the place to be searched; and

   (c)  a description of the thing for which the search is to be made; and

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

   (e)  whether entry is authorised to be made at any time, or during
        specified hours; and

   (f)  that the warrant authorises entry on only one occasion; and

   (g)  a day, not later than 7 days after the day the warrant is issued, on
        which it ceases to have effect.

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

(6) The rules that apply to search warrants mentioned in the
Magistrates' Court Act 1989 extend and apply to search warrants under this
section.