Victorian Current Acts

CONFISCATION ACT 1997 - SECT 97A

    (1)     A prescribed person or a person who belongs to a prescribed class of persons may apply to a magistrate for a search and inspection warrant to be issued under this Division in respect of specified property—

S. 97A(1)(a) amended by Nos 68/2010 s. 59(1), 79/2014 s. 28.

        (a)     that is the subject of a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order; or

        (b)     to which an embargo notice relates; or

        (c)     that has been forfeited under this Act—

if the applicant believes on reasonable grounds that—

        (d)     it is necessary to inspect the property for the purposes of maintaining the property; and

        (e)     in the case of property other than real property, the property is, or may be within the next 72 hours, in or on specified premises.

    (2)     An application for a search and inspection warrant must be made in writing.

    (3)     A magistrate must not issue a search and inspection warrant unless—

        (a)     the application for the warrant sets out the grounds on which the warrant is being sought; and

        (b)     the applicant has given the magistrate, either orally or in writing, any further information that the magistrate requires concerning the grounds on which the warrant is being sought; and

        (c)     the information given by the applicant is verified before the magistrate on oath or affirmation or by affidavit.

    (4)     A magistrate may administer an oath or affirmation or take an affidavit for the purposes of an application for a search and inspection warrant.

S. 97B inserted by No. 63/2003 s. 27.