Victorian Consolidated Legislation

Introduction Agents Act 1997 - SECT 45

Search warrant

45. 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 under
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 under
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 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; and

   (b)  the premises 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.

(4) A search warrant must be issued in accordance with the
Magistrates' Court Act 1989 and must be in the form set out in 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.