Victorian Current Acts Victorian Current Acts(1) A search warrant issued under section 228M(2) may authorise an authorised person named in the warrant to enter a building or land specified in the warrant, if necessary by force, and to do any of the following—
(a) if the authorised person believes on reasonable grounds that a thing, or thing of a particular kind, named or described in the warrant is connected with the alleged contravention—
(i) search for the thing; or
(ii) seize the thing; or
(iii) secure the thing against interference; or
S. 228N
(1)(a)(iv) amended by No. 46/2018 s. 68(1).
(iv) examine, inspect and take and keep samples of the thing; or
S. 228N
(1)(a)(v) inserted by No. 46/2018 s. 68(2).
(v) conduct, in accordance with the regulations (if any), destructive testing on a building product or material examined in or on the building or land; or
S. 228N
(1)(a)(vi) inserted by No. 46/2018 s. 68(2).
(vi) arrange, in accordance with the regulations (if any), for destructive testing to be conducted by a prescribed testing authority on a building product or material seized or sampled from the building or land;
(b) in the case of any document, or a document of a particular kind, named or described in the warrant, if the authorised person believes on reasonable grounds that the document is connected with the alleged contravention—
(i) require a person to produce the document for inspection; or
(ii) examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts; or
(iii) remove the document for so long as is reasonably necessary to make copies or take extracts from the document;
(c) make an image of the hard drive of a computer, or a computer of a particular kind, named or described in the warrant, if the authorised person believes on reasonable grounds that information contained on the hard drive is connected with the alleged contravention;
(d) in the case of information in electronic or digital format described in the warrant that is accessible from the premises, if the authorised person believes on reasonable grounds that the information is connected with the alleged contravention—
(i) access the information via any computer or other electronic device located on the premises; or
(ii) download or make an electronic copy of that information; or
(iii) make or produce a physical copy of that information;
(e) make any still or moving image, audio recording or audiovisual recording of any thing of a particular kind named or described in the warrant, if the authorised person believes on reasonable grounds that it is connected with the alleged contravention.
(2) A search warrant issued under section 228M(2) may authorise, in addition to an authorised person, any other person named or otherwise identified in the warrant to execute the warrant.
(3) A search warrant issued under section 228M(2) must state—
(a) the purpose for which the search is required and the nature of the alleged contravention; and
(b) the building or land to be searched; and
(c) a description of the thing or document 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 of the day or night or during specified hours of the day or night; and
(f) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.
(4) 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 issued under section 228M(2).
S. 228O inserted by No. 21/2017 s. 46, amended by No. 46/2018 s. 69 (ILA s. 39B(1)).