Victorian Current Acts Victorian Current ActsS. 12(1) amended by No. 37/2014 s. 10(Sch. item 75.5(a)).
(1) A police officer may apply to a magistrate for the issue of a search warrant in relation to particular premises if the police officer believes on reasonable grounds that there is on the premises a particular thing that may be evidence of the commission of an offence against this Act.
S. 12(2) amended by Nos 37/2014 s. 10(Sch. item 75.5(b)), 6/2018 s. 68(Sch. 2 item 63).
(2) If the magistrate to whom the application is made is satisfied by evidence on oath or by affirmation, whether oral or by affidavit, that there are reasonable grounds for believing that an offence against this Act has been or is being committed, the magistrate may issue a search warrant authorising the police officer named in the warrant and any assistants the police officer considers necessary—
(a) to enter the premises, or the part of the premises, named or described in the warrant; and
(b) to search for and seize any article, thing or material of a kind named or described in the warrant.
(3) In addition to any other requirement, a search warrant issued under this section must state—
(a) the alleged offence; and
(b) the premises to be searched; and
(c) a description of the article, thing or material for which the search is to be made; and
(d) any conditions 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 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 mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.