Victorian Current Acts Victorian Current Acts(1) An authorised officer, with the written approval of the Authority, may apply to a magistrate for the issue of a search warrant in relation to a particular premises or vehicle, if the authorised officer believes on reasonable grounds that there is on the premises or in the vehicle evidence that a person or persons may have contravened this Act, the regulations or a Code of Practice.
S. 34(2) amended by No. 6/2018 s. 68(Sch. 2 item 113).
(2) If a magistrate is satisfied, by the evidence on oath or by affirmation or by affidavit of the authorised officer that there are reasonable grounds to believe that there is a thing or things of a particular kind connected with a contravention of this Act, the regulations or a Code of Practice on any premises or in a vehicle, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989 , authorising an authorised officer 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 or vehicle 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, inspect and take and keep samples of;
(v) inspect and make copies of, or take extracts from—
a thing or things of a particular kind named or described in the warrant and which the authorised officer believes, on reasonable grounds, to be connected with the alleged contravention.
(3) A search warrant issued under this section must state—
(a) the purpose for which the search is required and the nature of the alleged contravention; and
(b) any conditions to which the warrant is subject; and
(c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and
(d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.
(4) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section.
(5) For the purposes of subsection (2)(b)(iv), an authorised officer may—
(a) open or cause to be opened any package, container or receptacle which contains or which the authorised officer suspects on reasonable grounds contains seafood; and
(b) conduct or cause to be conducted an examination or analysis that the authorised officer considers necessary to determine the composition or safety of any seafood.
(6) The owner of any seafood examined or analysed under subsection (5) is on payment of the prescribed fee entitled to a certificate from the Authority showing the result of the examination or analysis.