Victorian Current Acts

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CONVEYANCERS ACT 2006 - SECT 165

Search warrants

    (1)     An inspector, with the written approval of the Director, may apply to a magistrate for the issue of a search warrant in relation to particular premises.

S. 165(2) amended by No. 37/2014 s. 10(Sch. item 29.2).

    (2)     A magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989 , authorising an inspector named in the warrant, together with a police officer or any other person or persons named or otherwise identified in the warrant and with any necessary equipment—

        (a)     to enter the premises specified in the warrant, by force if necessary; and

        (b)     to do all or any of the following—

              (i)     search for;

              (ii)     seize;

              (iii)     secure against interference;

              (iv)     examine and inspect;

              (v)     make copies of or take extracts from—

a thing or things of a particular kind named or described in the warrant and which the inspector believes, on reasonable grounds, to be connected with a contravention of this Act or the regulations.

    (3)     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 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 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 under this section.



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