Victorian Consolidated Legislation

Funerals Act 2006 - SECT 59

Search warrant

59. Search warrant



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





(2) If a magistrate is satisfied that there are reasonable grounds for
suspecting that there is, or may be within the next 72 hours, on the premises
a particular thing that may be evidence of the commission of an offence
against this Act, the magistrate may issue a search warrant authorising an
inspector named in the warrant and any assistants the inspector considers
necessary-

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

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

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

   (a)  the offence suspected;

   (b)  the premises to be searched;

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

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

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

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

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





(5) Subject to any provision to the contrary in this Act, 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.