Victorian Consolidated Legislation

Equipment (Public Safety) Act 1994 - SECT 16

Issue of search warrants

16. 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 (whether or not it is, or is believed to be,
an equipment site) 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 or the regulations.

(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 or the regulations.





(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 required 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.

(7) Despite section 5, a search warrant may authorise an inspector to search a
place that is a workplace within the meaning of the
Occupational Health and Safety Act 2004.