Victorian Consolidated Legislation

Second-Hand Dealers and Pawnbrokers Act 1989 - SECT 26L

Search warrants

26L. Search warrants



(1) An inspector, with the written approval of the Director, may apply to a
magistrate for the issue of a search warrant in relation to particular
premises for the purpose of monitoring compliance with this Act or the
regulations in relation to pawnbrokers.

(2) If a magistrate is satisfied by the evidence, on oath or by affidavit, of
the inspector that the warrant is necessary for the purpose of monitoring
compliance with this Act or the regulations in relation to pawnbrokers, the
magistrate may issue a search warrant, in accordance with the
Magistrates' Court Act 1989, authorising an inspector named in the warrant,
together with any other person or persons named or otherwise identified in the
warrant and with any necessary equipment-

   (a)  to enter the premises specified in the warrant, if necessary by force;
        and

   (b)  to do all or any of the following-

   (i)  search for;

   (ii) seize;

   (iii) secure against interference;

   (iv) examine and inspect;

   (v)  make copies of or take extracts from- a thing or things of a
        particular kind named or described in the warrant and which the
        inspector believes, on reasonable grounds, to be connected with a
        contravention of this Act or the regulations in relation to
        pawnbrokers.

(3) A search warrant issued under this section must state-

   (a)  the purpose for which the search is required; and

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

   (c)  whether entry is authorised to be made at any time of the day or night
        or during stated hours of the day or night; and

   (d)  a day, not later than 28 days after the issue of the warrant, on which
        the warrant ceases to have effect.

(4) Except as provided by this Act, the rules to be observed with respect to
search warrants under the Magistrates' Court Act 1989 extend and apply to
warrants under this section.