Victorian Current Acts Victorian Current ActsS. 91(1) amended by No. 30/2016 s. 28(1)(a)(b).
(1) Subject to subsections (2) and (8), an authorised officer may apply to a Judge of the Supreme Court or a magistrate for a search warrant in relation to either or both of the following—
(a) particular premises, if the authorised officer believes on reasonable grounds that entry to the premises (including any vehicle, vessel or aircraft on or in those premises) is necessary for the purpose of an investigation;
(b) a particular vehicle, vessel or aircraft located in a public place if the authorised officer believes on reasonable grounds that entry to the vehicle, vessel or aircraft is necessary for the purpose of an investigation.
(2) An application must not be made without the written authorisation, in the prescribed form, of the Commissioner.
Note to s. 91(2) repealed by No. 30/2016 s. 28(2).
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S. 91(3) amended by Nos 30/2016 s. 28(1)(b)(c), 6/2018 s. 68(Sch. 2 item 69.1).
(3) If a Judge of the Supreme Court or a magistrate is satisfied by evidence on oath or by affirmation, whether oral or by affidavit, that there are reasonable grounds for the belief under subsection (1)(a) or (b), the Judge or the magistrate may issue a search warrant authorising any person named in the warrant—
(a) to enter and search the premises or vehicle, vessel or aircraft named or described in the search warrant and inspect any document or thing at those premises or on or in that vehicle, vessel or aircraft; 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 other thing that the person considers relevant to the investigation.
(4) 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 search 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 search warrant, on which the search warrant ceases to have effect.
(5) A search warrant must be in the prescribed form.
(6) Except as otherwise 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.
(7) If a search warrant is issued in relation to court premises, the IBAC must notify, and may consult, the head or heads of jurisdiction about the issuing of the search warrant, unless to do so would prejudice the investigation.
S. 91(8) inserted by No. 30/2016 s. 28(3).
(8) An authorised officer must apply to a Judge of the Supreme Court for a search warrant if—
(a) it relates to an investigation of a judicial officer; or
(b) it is to enter and search—
(i) court premises; or
(ii) any vehicle on court premises.
S. 91(9) inserted by No. 30/2016 s. 28(3).
(9) In this section, "court premises" has the same meaning as it has in the Court Security Act 1980 .
S. 92 inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)).