Victorian Consolidated Legislation

Summary Offences Act 1966 - SECT 41E

Search warrant

41E. Search warrant



(1) A member of the police force of or above the rank of sergeant may apply to
a magistrate for the issue of a search warrant under this section in relation
to a particular place if the member believes on reasonable grounds that there
is, or may be within the next 72 hours, in that place evidence of the
commission of an offence against section 41A, 41B or 41C.

(2) If the magistrate is satisfied by the evidence on oath or by affidavit of
the applicant that there are reasonable grounds for suspecting that that there
is, or may be within the next 72 hours, in that place evidence of the
commission of an offence against section 41A, 41B or 41C, the magistrate may
issue a search warrant authorising any member of the police force named in the
warrant-

   (a)  to enter the place, or the part of the place, 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 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.

(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 Division, 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.