Victorian Consolidated Legislation

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

Seizure of things not mentioned in the warrant

26O. Seizure of things not mentioned in the warrant

A search warrant under section 26L authorises an inspector executing the
search warrant, in addition to the seizure of any thing of the kind described
in the warrant, to seize or take a sample of any thing which is not of the
kind described in the warrant if-

   (a)  the inspector believes, on reasonable grounds, that the thing-

   (i)  is of a kind which could have been included in a search warrant issued
        under this Division; or

   (ii) will afford evidence about the contravention of any Consumer Act; and

   (b)  in the case of seizure, the inspector believes, on reasonable grounds,
        that it is necessary to seize that thing in order to prevent its
        concealment, loss or destruction or its use in the contravention of
        this Act or any other Consumer Act.