Victorian Current Acts Victorian Current ActsS. 134(1) amended by No. 37/2014 s. 10(Sch. item 107.8).
(1) A police officer may apply to a magistrate for a search and seizure warrant to be issued under this Division in respect of a recreational vessel if—
S. 134(1)(a) amended by No. 37/2014 s. 10(Sch. item 107.8).
(a) the recreational vessel is subject to an impoundment or immobilisation order and has not been surrendered to a police officer; or
S. 134(1)(b) amended by No. 37/2014 s. 10(Sch. item 107.8).
(b) the recreational vessel is subject to a forfeiture order and has not been surrendered to a police officer; or
S. 134(1)(c) amended by No. 37/2014 s. 10(Sch. item 107.8).
(c) in accordance with section 105, a police officer believes on reasonable grounds that the recreational vessel has been used in the commission of a relevant offence and the application is made within 48 hours after the alleged commission of the relevant offence; or
S. 134(1)(d) amended by No. 37/2014 s. 10(Sch. item 107.8).
(d) a police officer is empowered under section 107(6) to seize the recreational vessel.
(2) An application under this section may only be made if the applicant believes on reasonable grounds that the recreational vessel is, or may be within the next 72 hours, in or at a specified premises or place, including, but not limited to, a landing place.
(3) An application for a search and seizure warrant must be made in writing.
(4) A magistrate must not issue a search and seizure warrant unless—
(a) the application for the warrant sets out the grounds on which the warrant is sought; and
(b) the applicant has given the magistrate, either orally or in writing, any further information that the magistrate requires concerning the grounds on which the warrant is sought; and
(c) the information given by the applicant is verified before the magistrate on oath or affirmation or by affidavit.