Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 33

Search warrant

33. Search warrant



(1) A member of Victoria Police may apply to a magistrate for the issue of a
search warrant in relation to particular premises or a particular vehicle
located in a public place if the member suspects on reasonable grounds that
there is, or may be within the next 72 hours, on the premises or on or in the
vehicle a particular thing that may be evidence of an offence against this
Act.

(2) If a 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 the premises or on or in the vehicle
located in a public place a particular thing that may be evidence of an
offence against this Act, the magistrate may issue a search warrant
authorising a member of Victoria Police named in the warrant and any
assistants the member considers necessary-

   (a)  to enter, by force if necessary, the premises or vehicle or part of
        the premises or vehicle named or described in the warrant; and

   (b)  to search the premises or vehicle or any person found on the premises
        or on or in the vehicle for any thing named or described in the
        warrant; and

   (c)  to seize any thing referred to in paragraph (b).

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

   (a)  the offence suspected; and

   (b)  the premises or vehicle to be searched; and



   (c)  a description of the thing to be searched for; 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 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.