Victorian Consolidated Legislation

Heritage Act 1995 - SECT 150A

Search warrant for residence

150A. Search warrant for residence





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

(2) A magistrate may issue a search warrant under this section if the
magistrate 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 the next 72 hours, on a registered place that is a residence, or on a
particular place that is a residence in or on which a registered object is
located, a particular thing that may be evidence of the commission of an
offence against this Act or the regulations.

(3) The search warrant may authorise an inspector named in the warrant and any
assistants the inspector considers necessary-

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

   (b)  to search for a thing named or described in the warrant.

(4) In addition to any other requirement, a search warrant issued under this
section 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 stated
        hours; and

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

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

(6) 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.