Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 185F

Search warrant

    (1)     A police officer of or above the rank of sergeant may apply to a magistrate for the issue of a search warrant under this section in relation to a particular place if the police officer believes on reasonable grounds that there is, or may be within the next 72 hours, in that place evidence of the commission of an offence against—

        (a)     section 185D, constituted by intentionally recording by any means, without lawful excuse, another person accessing, attempting to access, or leaving premises at which abortions are provided, without that other person's consent; or

        (b)     section 185E.

S. 185F(2) amended by No. 6/2018 s. 68(Sch. 2 item 103.3).

    (2)     If the magistrate is satisfied by the evidence on oath or by affirmation or by affidavit of the applicant that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, in that place evidence of the commission of an offence referred to in subsection (1), the magistrate may issue a search warrant authorising any police officer named in the warrant—

        (a)     to enter the place, or the part of the place, named or described in the warrant; and

        (b)     to search for and seize any thing 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

        (b)     the place to be searched; and

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

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

        (e)     whether entry is authorised to be made 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 must be in the form set out in the regulations under that Act.

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

S. 185G inserted by No. 66/2015 s. 5.



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