DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SCHEDULE 20
DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SCHEDULE 20
Schedule Ten—Search warrant
Drugs, Poisons and Controlled Substances Act 1981
To a police officer
WHEREAS I, the undersigned, a *Magistrate in the State of Victoria, am satisfied by the *evidence on oath or affirmation or *by affidavit of:
a police officer of or above the rank of Sergeant or for the time being in charge of a police station, that there is reasonable ground for believing
that there *is on or in a certain
*are
*will be within the next
72 hours
*land or
*premises situate at or
*vehicle identified by
located in a public place *certain things
*certain
documents
to wit:
*(1) upon or in respect of which an offence under the Drugs Poisons and Controlled Substances Act 1981 or the Regulations under that Act, has been or is reasonably suspected to have been committed or is being or is likely to be committed within the next 72 hours;
*(2) which there is reasonable ground to believe will afford evidence of the commission of an offence under the Drugs Poisons and Controlled Substances Act 1981 or the Regulations under that Act;
*(3) which is a document directly or indirectly relating to or concerning a transaction or dealing which is or would be, if carried out, an offence under the Drugs Poisons and Controlled Substances Act 1981 or the Regulations under that Act or under a provision of a law in force in a place outside Victoria and which corresponds to a provision of Part V of that Act.
These are therefore in *Her Majesty's/*His Majesty's name—
*(1) to authorize you or any other police officer to enter and search the said *land or *premises or *specified vehicle located in a public place for the *things or *documents specified in this warrant and, if any of those *things or *documents be found, to seize and carry them before the Magistrates' Court so that the matter may be dealt with according to law or to destroy or dispose of them in accordance with section 81 of the Drugs, Poisons and Controlled Substances Act 1981 .
*(2) in relation to a specified thing or a specified document to
which this warrant relates which is also tainted property within the meaning
of the Confiscation Act 1997 , to direct you or any other police officer to
hold or retain that thing or document as if it were tainted property seized
under a warrant under section 79 of that Act as and from the date when that
thing or document is no longer required for evidentiary purposes under the
Drugs,
Poisons and Controlled Substances Act 1981.
Signed this day
of
*Magistrate
*Strike out whichever is not applicable.
Note: Under section 81(3) of the Drugs, Poisons and Controlled Substances Act 1981 , a police officer to whom a warrant under section 81(1) of that Act is addressed or any other police officer may, at any time or times by day or night but within one month from the date of the warrant and with such assistance as may be necessary—
(a) enter, if need be by force, the land or premises or specified vehicle located in a public place named in the warrant; and
(b) arrest all persons on or in that land or those premises or on or in that vehicle who are found offending against a provision of that Act or the regulations made under that Act; and
(c) search—
(i) the land or premises or any vehicle or any person found on or in that land or those premises or any person found on or in any vehicle on or in that land or those premises;
(ii) the specified vehicle located in a public place or any person found on or in that vehicle; and
(d) seize and carry away or, unless a direction under section 81(1A) of that Act applies, deal with as mentioned in paragraph (e)—
(i) any thing in respect of which an offence under that Act or the regulations made under that Act has been or is reasonably suspected to have been committed; and
(ii) any thing which there is reasonable ground to believe will afford evidence of the commission of an offence under that Act or the regulations made under that Act; and
(iii) any document directly or indirectly relating to or concerning a transaction or dealing which is or would be, if carried out, an offence against that Act or the regulations made under that Act or under a provision of a law in force in a place outside Victoria corresponding to a provision of Part V of that Act; and
(e) if—
(i) the thing is—
(A) a drug of dependence or a substance that contains a drug of dependence; or
(B) a poison or controlled substance; or
(C) an instrument, device or substance that is or has been used or is capable of being used for or in the cultivation, manufacture, sale or use or in the preparation for cultivation, manufacture, sale or use of a drug of dependence; and
(ii) an analyst or botanist within the meaning of section 120 of that Act certifies in writing to the police officer executing the warrant that destruction or disposal of the thing is required in the interests of health or safety—
destroy or dispose of the thing after taking, where practicable, any samples
of it as are required for the purposes of that Act.
Sch. 11 substituted by No. 10002 s. 8(1), amended by S.R. No. 1/1985
(paras (1)–(9)), substituted by S.R. No. 268/1985, amended by No.
101/1986 s. 58(1)(h)(i)–(iii), S.R. Nos 138/1989 (para. (3)(a)
(b)), 314/1990 (para. (3)(a)–(g)), 69/1993 para. (3)(a)(b), No. 48/1997
ss 45(1)
(a)–(h)(2), 46, S.R. Nos 107/1999 regs 3(1)
(a)–(e)(2), 4, 85/2000 reg. 3, Nos 61/2001 s. 8, 63/2003
s. 49, 74/2004 s. 19(a)(b), 52/2006 ss 18– 20 (as amended
by No. 79/2006 s. 87), 57/2012 ss 5– 7, 9/2014 ss 13–
17, 40/2017 ss 20– 23, 3/2019
ss 14 – 17, 44/2022
s. 90.
Schedule Eleven
Part 1
Column 1 |
Column 2 |
Column 3 |
|
Quantity |
Quantity |
|
Kilograms |
Grams |
ACETORPHINE | |
2·0 |
N -ACETYLAMPHETAMINE |
2·0 |
2·0 |
ACETYLDIHYDROCODEINE |
10·0 |
100·0 |
ACETYLMETHADOL | |
2·0 |
N -ACETYLMETHYLAMPHETAMINE |
2·0 |
2·0 |
ALPRAZOLAM | |
0·5 |
ANILERIDINE | |
25·0 |
BARBITURATES |
2·0 |
50·0 |
1, 4-BENZODIAZEPINES not included elsewhere in this Part | |
|
BENZOXAZOCINES |
2·0 |
50·0 |
BENZETHIDINE | |
10·0 |
BENZYLMORPHINE | |
5·0 |
BEZITRAMIDE | |
5·0 |
BROMAZEPAM | |
3·0 |
4-BROMO-2,5-DIMETHOXYAMPHETAMINE |
|
|
4-BROMO-2,5-DIMETHOXYMETHYLAMPHETAMINE |
|
|
* * * * * | | |
BUFOTENINE | |
2·0 |
BUTORPHANOL |
1·5 |
2·0 |
CHLORAL HYDRATE |
2·0 |
50·0 |
CHLORDIAZEPOXIDE | |
5·0 |
1-CHLORO-1-PHENYL-2-AMINOPROPANE |
|
|