Victorian Current Acts Victorian Current Acts(1) An authorised person may apply to a magistrate for the issue of a search warrant in relation to particular premises if the authorised person suspects on reasonable grounds that—
(a) liquor is supplied on the premises by a person—
(i) who does not hold a licence authorising the supply; and
(ii) who is required under this Act to hold such a licence to supply the liquor; or
(b) in the case of premises occupied by a club in respect of which a licence is not in force, liquor is supplied or kept for supply on the premises; or
(c) there is on the premises any document, equipment or other thing—
(i) in relation to which an offence against this Act or the regulations has been, is being, or is likely to be, committed; or
(ii) that may be evidence of the commission of an offence against this Act or the regulations.
S. 130B(2) amended by No. 6/2018 s. 68(Sch. 2 item 77).
(2) If a magistrate is satisfied by the evidence on oath or by affirmation or by affidavit, that there are reasonable grounds for suspecting any of the matters referred to in subsection (1), the magistrate may issue a search warrant authorising an authorised person named in the warrant and any assistants the authorised person considers necessary—
(a) to enter the premises, or the part of premises, named or described in the warrant; and
(b) to search for and seize any document, equipment or other thing named or described in the warrant.
(3) In addition to any other requirement, a search warrant issued under this section must state—
(a) the offence suspected; and
(b) the premises to be searched; and
(c) a description of the thing 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.
S. 130B(6) amended by Nos 58/2011 s. 104(Sch. item 4.191), 26/2022 s. 23(1).
(6) An authorised person who is a liquor inspector may apply for a search warrant under this section only with the prior written consent of the Commission.
S. 130C inserted by No. 8/2009 s. 19.