Victorian Current Acts Victorian Current Acts(1) An authorised officer may apply to a magistrate for the issue of a search warrant in relation to particular land to enter that land if he or she believes on reasonable grounds that there is on the land evidence of the commission of an offence against this Act or the regulations in relation to pest animals or noxious weeds.
S. 83(2) amended by No. 6/2018 s. 68(Sch. 2 item 17).
(2) If a magistrate is satisfied by the evidence, on oath or by affirmation or by affidavit of the authorised officer that there are reasonable grounds to believe that there is a thing or things of a particular kind on the land that are connected with the commission of an offence against this Act or the regulations in relation to pest animals or noxious weeds, the magistrate may issue a warrant, in accordance with the Magistrates' Court Act 1989 , authorising an authorised officer 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 land named or described in the warrant, if necessary by force; and
S. 83(2)(ab) inserted by No. 67/2006 s. 18(a).
(ab) to re-enter that land (by force if necessary) if re-entry is necessary to complete any of the things specified in the warrant; and
(b) to do all or any of the following things specified in the warrant—
(i) search for a thing or things of a particular kind;
(ii) inspect, extract or copy a document or document of a particular kind;
(iii) inspect and take photographs (including video recordings) of a thing or things of a particular kind;
(iv) seize and impound a pest animal or noxious weed;
(v) with whatever assistance is required, take and keep samples of—
(i) the blood, any bodily fluids or other matter from any pest animal; or
(ii) any noxious weed—
named or described in the warrant and which the authorised officer believes, on reasonable grounds, to be connected with the alleged commission of an offence; and
(c) if necessary, destroy or otherwise dispose of, or order a land owner to destroy, a pest animal or noxious weed seized under paragraph (b) or section 83A.
(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 offence; and
(b) any conditions to which the warrant is subject; and
S. 83(3)(c) amended by No. 67/2006 s. 18(b).
(c) whether entry and any necessary re-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) An authorised officer may apply for a search warrant to do any of the things referred to in subsection (2)(b).
(5) 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.
(6) Despite subsection (5) or anything in the Magistrates' Court Act 1989 , a warrant under this section does not authorise an authorised officer to arrest a person.
S. 83A inserted by No. 61/2003 s. 29, substituted by No. 67/2006 s. 19, amended by No. 48/2010 s. 12(2) (ILA s. 39B(1)).