Victorian Consolidated Legislation

Tobacco Act 1987 - SECT 36I

Seizure of things not mentioned in the warrant

36I. Seizure of things not mentioned in the warrant

A search warrant under section 36F authorises an inspector executing the
search warrant, in addition to the seizure of any thing of the kind described
in the warrant, to seize any thing which is not of the kind described in the
warrant if-

   (a)  the inspector believes, on reasonable grounds, that the thing is of a
        kind which could have been included in a search warrant issued under
        that section and will afford evidence about the contravention of this
        Act or the regulations; and

   (b)  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 the
        regulations.