Victorian Current Acts Victorian Current Acts(1) An authorised officer may apply to a magistrate for the issue of a search warrant in relation to a particular building that is occupied as a residence if the authorised officer believes on reasonable grounds that there is, or may be within the next 72 hours, on or in the building a particular thing that may be evidence of the commission of an offence against this Act or the regulations.
(2) If a magistrate is satisfied by the evidence on oath or by affirmation or by affidavit that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, in or on the building a particular thing that may be evidence of the commission of an offence against this Act or the regulations, the magistrate may issue a search warrant authorising an authorised officer named in the warrant—
(a) to enter the building named or described in the warrant; and
(b) to search for and seize a thing named or described in the warrant; and
(c) to use any assistance or force that may be reasonably necessary to enter the building named or described in the warrant or to search for and seize a thing named or described in the warrant.
(3) In addition to any other requirement, a search warrant under this section must state—
(a) the offence suspected of being committed; and
(b) the building to be searched; and
(c) a description of the thing to be searched for; and
(d) any condition to which the warrant is subject; and
(e) whether entry is authorised to be made at any time or during stated hours; and
(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.
(4) A search warrant under this section must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act.
(5) The rules to be observed with respect to search warrants set out in the Magistrates' Court Act 1989 extend and apply to search warrants under this section.
S. 57B inserted by No. 28/2019 s. 30.