Victorian Current Acts

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Assistance in executing search warrants

    (1)     A person executing a search warrant may—

        (a)     seek the assistance of another person (an  assistant ) over the age of 18 years who possesses specialised skills or technical knowledge necessary for exercising a power authorised by the search warrant; or

        (b)     take onto the premises any equipment, vehicle, animal or material that the person reasonably requires for exercising a power authorised by the search warrant.

    (2)     The person may authorise the assistant—

        (a)     to take stated action at the premises, vehicle, vessel or aircraft; and

        (b)     to exercise stated powers the person is authorised by the search warrant to exercise.

    (3)     For the purposes of subsection (2), the person

        (a)     is only permitted to authorise the assistant to take stated action or exercise stated powers that are consistent with the specialist skills or technical knowledge of the assistant; and

        (b)     cannot authorise the assistant to arrest a person.

    (4)     The person must inform the assistant of—

        (a)     action the assistant is authorised to take; and

        (b)     the assistant's powers under this section.

    (5)     Without limiting subsection (1), the IBAC may seek assistance from the Chief Commissioner of Police when executing a search warrant.

    (6)     Subsection (1) applies, in relation to animals, despite any other Act or law, other than the Charter of Human Rights and Responsibilities Act 2006 .

        S. 96 inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)), amended by No. 37/2014 s. 10(Sch. item 85.15).

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