Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MAJOR EVENTS (AERIAL ADVERTISING) ACT 2007 (NO. 13 OF 2007) - SECT 23

Search warrant

s. 23

    (1)     An authorised officer, with the written approval of the Secretary, may apply to a magistrate for the issue of a search warrant in relation to 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 or affidavit, of the authorised officer that there are reasonable grounds to believe 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, in accordance with the Magistrates' Court Act 1989 , authorising an authorised officer named in the warrant and any other person named or otherwise identified in the warrant—

        (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—

a thing or things of a particular kind named or described in the warrant and which the authorised officer believes, on reasonable grounds, to be connected with the alleged contravention; and

        (c)     in the case of any document of a particular kind, named or described in the warrant, if the authorised officer believes, on reasonable grounds, that it is connected with the alleged contravention, the authorised officer may do all or any of the following—

              (i)     require the document to be produced for inspection;

              (ii)     examine, make copies of or take extracts from the document, or arrange for the making of copies or the taking of extracts to be done on the premises or elsewhere;
s. 23

              (iii)     remove the document for so long as is reasonably necessary to make copies of or take extracts from the document; and

        (d)     make any still or moving image or audio-visual recording of any thing of a particular kind named or described in the warrant that the authorised officer believes, on reasonable grounds, to be connected with the alleged contravention.

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

        (a)     specify the offence suspected;

        (b)     specify     the premises to be searched;

        (c)     include a description of the thing for which the search is to be made;

        (d)     specify any conditions to which the warrant is subject;

        (e)     state whether entry is authorised to be made at any time or during stated hours;

        (f)     specify 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 prescribed by the regulations under that Act.

    (5)     Subject to any provision to the contrary in this Act, 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.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]