Victorian Consolidated Regulations

FIREARMS REGULATIONS 2018 - SCHEDULE 5A

Schedule 5A—Forms relating to firearm prohibition orders

FORM 1

Regulations 19B and 19C

SERVICE SEARCH WARRANT

Firearms Act 1996 —section 112ZG

Court ref:

FPO reference number:    

Name of individual:

    [ name of individual to whom firearm prohibition order applies ]

Date of birth:

Premises that may be searched:

    [ set out full address or description of premises where search will be conducted for the individual ]

This warrant is issued to:

    [ name , rank and no. ]

    of

    [ agency and address ].

This warrant authorises a police officer together with any assistants the police officer considers necessary:

□     to break and enter the premises named or described in this warrant;

□     to search the premises named or described in this warrant for the individual named in this warrant.

This warrant also authorises a police officer only:

□     to detain the individual named in this warrant, using the force reasonably necessary to do so (including the force reasonably necessary to apprehend the individual to be detained), for the purposes of serving the firearm prohibition order that applies to the individual.

This warrant may be executed, on or before the date that it ceases to have effect:

□     at any time and on any day of the week;

□     during the hours of [ time ] and [ time ] on any day of the week;

□     at any time on [ specify the day or days of the week on which the warrant may be executed ];

□     during the hours of [ time ] and [ time ] on [ specify the day or days of the week on which the warrant may be executed ].

This warrant ceases to have effect at the end of the day on [ insert the date of a day that is no later than 28 days after the issue of the warrant ].

THIS WARRANT IS PART OF A
CIVIL PROHIBITION ORDER SCHEME

This warrant is a warrant to break and enter the premises named or described in the warrant for the purpose of searching for an individual to whom a firearm prohibition order applies and serving that order on the individual.

If the individual cannot be found on the premises, the police officer executing this warrant together with any assistants must leave the premises immediately after completing the search for the individual.

If the individual is found on the premises, the police officer executing this warrant must serve the firearm prohibition order as soon as practicable after finding the individual named in this warrant.

*Detention under warrant:

[ For a warrant that confers authority on a police officer under section 112ZG(1)(c) of the Act, include the following 3 paragraphs— ]

*The police officer executing this warrant may detain the individual named in this warrant for the purposes of serving the firearm prohibition order that applies to the individual.

*The police officer executing this warrant is authorised by section 112ZS of the Firearms Act 1996 :

(a)     to hold the individual in custody at the premises named or described in this warrant; or

(b)     to transfer the individual to a police station or other safe place to be held in custody for the purpose of serving the firearm prohibition order, if the order cannot be safely served on the individual at the premises.

*AN INDIVIDUAL DETAINED UNDER THIS WARRANT MAY BE HELD IN CUSTODY UNTIL THE FIRST OF THE FOLLOWING—

    (I)     THE FIREARM PROHIBITION ORDER IS SERVED ON THE INDIVIDUAL;

    (II)     THE PERIOD OF 2 HOURS AFTER THE INDIVIDUAL IS DETAINED EXPIRES.

Subject to Division 5 of Part 4A of the Firearms Act 1996 , the police officer executing this warrant together with any assistants must leave the premises named or described in this warrant immediately after—

(a)     if the individual named in this warrant cannot be found on the premises, the search for the individual is completed; or

(b)     if the individual named in this warrant is found on the premises—

    [ if this warrant does not authorise detention of the individual— ]

    *the firearm prohibition order is served.

    [ if this warrant authorises detention of the individual— ]

    *the firearm prohibition order is served or the individual is detained.

Division 5 of Part 4A of the Firearms Act 1996 authorises a police officer to conduct searches without warrant or consent in specified circumstances.

This warrant is subject to the following conditions:

    [ insert any conditions here ]

Issued at: [ time ] *am/*pm on [ date ] at [ place ]        

*Magistrate/*President: [ name ]

Signature:

*Delete if not applicable.