Victorian Consolidated Legislation

Gambling Regulation Act 2003 - SECT 2.5.21.

Warrant to enter common gaming house and search and seize on premises

2.5.21. Warrant to enter common gaming house and search and seize on premises



(1) A member of the police force may apply to a magistrate for a warrant under
this section if the member or another person suspects on reasonable grounds
that any house or place-



   (a)  is a common gaming house or place; or

   (b)  contains any instruments of gaming.

(2) If a magistrate is satisfied by evidence on oath or by affidavit that
there are reasonable grounds for the suspicion founding an application under
subsection (1), the magistrate may issue a special warrant in the form of Form
1 in Schedule 4.

(3) A special warrant under this section authorises and directs the person to
whom it is issued and any other member of the police force-

   (a)  to enter and re-enter the house or place at any time and as often as
        and with any assistants that may be found necessary and if necessary
        to use force for making entry or re-entry whether by breaking open
        doors or otherwise; and

   (b)  to arrest, search and bring before a bail justice or the Magistrates'
        Court to be dealt with according to law all persons found in the house
        or place or entering or leaving it; and

   (c)  to diligently search all parts of the house or place where the member
        suspects that instruments of gaming are concealed; and

   (d)  to seize and bring before a bail justice or the Magistrates' Court to
        be dealt with according to law all instruments of gaming and all money
        and securities for money found in the house or place or on any person
        referred to in paragraph (b).