Victorian Consolidated Legislation

First Home Owner Grant Act 2000 - SECT 43

Search warrant

43. 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 authorised officer believes
on reasonable grounds that there is, or may be within the next 72 hours, on
the premises a particular thing that may be relevant to the administration or
execution of this Act.

(2) If a magistrate is satisfied by the evidence on oath, whether oral or by
affidavit, 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 relevant to the administration or execution of this Act, the magistrate may
issue a search warrant authorising an authorised officer named in the warrant
and any assistants the authorised officer considers necessary-

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

   (b)  to search for and seize, or secure against interference, a thing named
        or described in the warrant; and

   (c)  if reasonably necessary for the purposes referred to in paragraph (b),
        to break open any receptacle in or on the premises.

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

   (a)  the premises to be searched; and

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





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

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

   (e)  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 in the form prescribed under that Act.

(5) 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.