Victorian Consolidated Legislation

Wildlife Act 1975 - SECT 59C

Search warrant for evidence of offence

59C. Search warrant for evidence of offence



(1) An authorised officer may apply to a magistrate for the issue of a search
warrant in relation to a particular premises if the authorised officer
believes on reasonable grounds that there is, or may be within the next 72
hours, on the premises a particular thing that may be evidence of the
commission of an offence against this Act.

(2) If a magistrate is satisfied by the evidence on oath, whether oral or by
affidavit, that there are reasonable grounds for suspecting that there is, or
may be within the next 72 hours, on the premises a particular thing that may
be evidence of the commission of an offence against this Act, the magistrate
may issue a search warrant authorising an authorised officer named in the
warrant and any assistants the officer considers necessary-

   (a)  to enter the premises named or described in the warrant; and

   (b)  to search for and seize a thing named or described in the warrant.

(3) In addition to any other requirement, a search warrant under this section
must state-

   (a)  the offence suspected; and

   (b)  the premises to be searched; and

   (c)  a description of the thing to be searched for; and

   (d)  any condition 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) If, in the course of executing a warrant under this section, the person
executing the warrant finds a thing that he or she believes on reasonable
grounds to be-

   (a)  connected with the offence, although not the thing named or described
        in the warrant; or

   (b)  connected with another offence against this Act-

and the person 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 committing, continuing or repeating the offence, the warrant is deemed
to authorise the person to seize the thing.

(5) A search warrant under this section must be issued in accordance with the
Magistrates' Court Act 1989 and in the form prescribed under that Act.

(6) The rules to be observed with respect to search warrants set out in the
Magistrates' Court Act 1989 extend and apply to warrants under this section.