Victorian Current Acts Victorian Current ActsS. 71(1) amended by No. 37/2014 s. 10(Sch. item 19.9(a)).
(1) A police officer may apply to a magistrate for the issue of a search warrant in relation to a particular place if the police officer believes on reasonable grounds that there is or has been or will be a contravention of this Act on or in the place.
S. 71(2) amended by Nos 37/2014 s. 10(Sch. item 19.9(b)(i)(ii)), 6/2018 s. 68(Sch. 2 item 24).
(2) If a magistrate is satisfied by the evidence, on oath or by affirmation or by affidavit, of a police officer that there are reasonable grounds for suspecting that there is, or may be within the next 28 days, a thing or things of a particular kind connected with an offence against this Act on or in a place, the magistrate may issue in accordance with the Magistrates' Court Act 1989 a search warrant authorising a police officer named in the warrant—
(a) to enter the place specified in the warrant, if necessary by force; and
S. 71(2)(b) amended by No. 37/2014 s. 10(Sch. item 19.9(b)(iii)).
(b) to search for and seize a thing named or described in the warrant and which the police officer believes on reasonable grounds to be connected with the offence.
(3) A search warrant issued under this section must state—
(a) the purpose for which the search is required and the nature of the offence suspected; 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 mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.