Victorian Current Acts

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TERRORISM (COMMUNITY PROTECTION) ACT 2003 - SECT 9

What does a warrant authorise?

    (1)     A warrant issued under this Part authorises the person to whom it is directed, together with any other person named or described in the warrant and with any necessary equipment—

S. 9(1)(a) amended by No. 70/2015 s. 5(1).

        (a)     to enter, by force or impersonation if necessary, any premises named or described in the warrant, or other specified premises adjoining or providing access to the premises for any of the purposes referred to in paragraph (b), (c), (d), (e), (f), (fa) or (g); and

        (b)     to search the premises for any kind of thing named or described in the warrant; and

        (c)     if the warrant authorises seizure of a kind of thing, to seize any thing of that kind; and

        (d)     if the warrant authorises placing a kind of thing, to place any thing of that kind on the premises in substitution for a thing seized under paragraph (c); and

        (e)     if the warrant authorises copying, photographing or otherwise recording a description of a kind of thing, to copy, photograph or otherwise record a description of any thing of that kind on the premises; and

S. 9(1)(f) amended by No. 70/2015 s. 5(2).

        (f)     to operate any electronic equipment that is on the premises and copy, print or otherwise record information held in, or accessible from, that equipment; and

S. 9(1)(fa) inserted by No. 70/2015 s. 5(3).

        (fa)     to operate, by way of remote entry, any electronic equipment that is on the premises and copy, print or otherwise record information held in, or accessible from, that equipment; and

        (g)     if the warrant authorises testing, or taking and keeping a sample of, a kind of thing, to test, or take and keep a sample of, any thing of that kind.

    (2)     The Supreme Court may direct that any thing seized under a warrant be returned to its owner, subject to any condition that the Court thinks fit, if in the opinion of the Court it can be returned consistently with the interests of justice.

    (3)     Except as provided by this Part, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this Part.



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