Victorian Consolidated Legislation

Tobacco Act 1987 - SECT 36F

Search warrants

36F. Search warrants



(1) An inspector, with the written approval of the Secretary or, if the
inspector is an environmental health officer of a council or a person employed
by, or providing services to, a council, with the written approval of the
Chief Executive Officer of the council, 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 on the premises evidence that a
person or persons may have contravened this Act or the regulations.

(2) If a magistrate is satisfied, by the evidence, on oath or by affidavit, of
the inspector that there are reasonable grounds to believe that there is a
thing or things of a particular kind connected with a contravention of this
Act or the regulations on any premises, 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) inspect and 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 the
        alleged contravention.

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

   (a)  the purpose for which the search is required and the nature of the
        alleged contravention; 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.