Victorian Current Acts

DISABILITY ACT 2006 - SECT 132H

    (1)     The Commissioner may apply to a magistrate for the issue of a search warrant for particular premises, if the Commissioner believes on reasonable grounds that there is on the premises evidence that is relevant to an accountability investigation.

    (2)     If the magistrate is satisfied, by evidence on oath or affirmation or by affidavit, that there are reasonable grounds to believe that there is evidence relevant to an accountability investigation on the premises, the magistrate may issue a search warrant in accordance with the  Magistrates' Court Act 1989 authorising the Commissioner or an authorised officer to enter the premises and search for the evidence named or described in the warrant.

    (3)     In addition to anything the person executing the warrant may do under section 78 of the Magistrates' Court Act 1989 , under the warrant the magistrate may authorise the person to do any of the following—

        (a)     require a document named or described in the warrant to be produced for inspection;

        (b)     examine, make copies of or take extracts from a document named or described in the warrant;

        (c)     remove a document named or described in the warrant for so long as is necessary to make copies of or take extracts from the document;

        (d)     bring any equipment onto the premises that the person executing the warrant believes on reasonable grounds is necessary for the examination or processing of any document found at the premises to determine if it is named or described in the warrant.

    (4)     A warrant issued under this section must state—

        (a)     the purpose for which the search is required and the nature of the accountability investigation; 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 specified hours of the day or night; and

        (d)     a day, not later than 20 business days after the issue of the warrant, on which the warrant ceases to have effect.

    (5)     Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 apply to warrants issued under this section.

    (6)     Despite subsection (5) and section 78(1)(b)(iii) of the Magistrates' Court Act 1989 , a warrant issued under this section must not authorise the person executing the warrant to arrest a person.

S. 132I inserted by No. 33/2017 s. 29.