Victorian Current Acts

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Warrants to search premises

S. 146(1) amended by Nos 25/2009 s. 9(1), 37/2014 s. 10(Sch. item 63.9(a)).

    (1)     A police officer may apply to a magistrate for the issue of a search warrant in relation to particular premises (including any vehicle on or in those premises) or a particular vehicle located in a public place, if the police officer believes on reasonable grounds that an offence against this Act is being or is about to be committed.

S. 146(2) amended by Nos 37/2014 s. 10(Sch. item 63.9(b)), 6/2018 s. 68(Sch.  2 item 53).

    (2)     If the magistrate is satisfied by the evidence on oath or by affirmation, whether oral or by affidavit, that there are reasonable grounds for suspecting that an offence against this Act is being or is about to be committed, the magistrate may issue a search warrant authorising the police officer named in the warrant and any assistants the police officer considers necessary—

S. 146(2)(a) amended by No. 25/2009 s. 9(2).

        (a)     to enter the premises named or described in the warrant or the vehicle named or described in the warrant that is located in a public place; and

        (b)     to search for and seize any evidence of the offence named or described in the warrant.

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

        (a)     the offence suspected; and

S. 146(3)(b) amended by No. 25/2009 s. 9(3).

        (b)     the premises or vehicle located in a public place to be searched; and

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

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

        (e)     whether entry is authorised to be 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)     A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the prescribed form under that Act.

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

S. 146(6) inserted by No. 25/2009 s. 9(4), amended by No. 37/2014 s. 10(Sch. item 63.9(c)).

    (6)     Nothing in this section or section 147 or 148 limits the power of a police officer under section 149.

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