Victorian Current Acts

PLANT BIOSECURITY ACT 2010 - SECT 89

    (1)     An inspector, with the written approval of the Secretary, may apply to a magistrate for the issue of a search warrant in relation to particular premises, if the inspector believes on reasonable grounds that there is on the premises any evidence that a person or persons may have contravened this Act.

S. 89(2) amended by No. 6/2018 s. 68(Sch. 2 item 96).

    (2)     If a magistrate is satisfied by the evidence, on oath or by affirmation or by affidavit, of the inspector that there are reasonable grounds to believe that there is evidence of a particular kind connected with a contravention of this Act on any premises, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989 , authorising an inspector named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—

        (a)     to enter the premises specified in the warrant, if necessary by force; and

        (b)     to do all or any of the following—

              (i)     search for;

              (ii)     seize;

              (iii)     secure against interference;

              (iv)     examine;

              (v)     inspect and make copies of, or take extracts from—

evidence of a particular kind named or described in the warrant and which the inspector believes, on reasonable grounds, to be connected with the alleged contravention.