Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 61C

Powers with search warrant

61C. Powers with search warrant





(1) The Director may apply to a magistrate for the issue of a search warrant
in relation to particular premises if the Director believes, on reasonable
grounds that entry to the premises is necessary for the purpose of an
investigation.

(2) If a magistrate is satisfied by evidence on oath, whether oral or by
affidavit, that there are reasonable grounds for the belief under subsection
(1), the magistrate may issue a search warrant authorising any person named in
the warrant-

   (a)  to enter and search the premises named or described in the warrant and
        inspect any document or thing at those premises; and

   (b)  to make a copy of any document relevant, or that the person reasonably
        considers may be relevant, to the investigation; and

   (c)  to take possession of any document or thing that the person considers
        relevant to the investigation.

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

   (a)  the purpose for which the search is required; 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 (other than section 78
of that Act) extend and apply to warrants under this section.

(5) For the avoidance of doubt, this section applies to any premises, whether
or not occupied by a public officer or public body.