Victorian Numbered Acts Victorian Numbered Acts(1) The Secretary may apply to the Court for the issue of a search warrant to authorise a member of the police force to enter any premises where a child is believed to be located and search for and apprehend the child to enable the Secretary to exercise his or her powers under a temporary assessment order.
(2) The Court may grant the search warrant if the Court is satisfied by evidence on oath or by affidavit by the Secretary that it is necessary to issue the warrant to authorise a member of the police force to enter any premises where a child is believed to be located and search for and apprehend the child to enable the Secretary to exercise his or her powers under a temporary assessment order.
(3) The search warrant authorises a member of the police force to whom it is directed to use reasonable force to enter any premises where a child to whom the temporary assessment order relates is believed to be located, by force if necessary, and search for and apprehend the child and bring the child to the Secretary to enable the Secretary to exercise his or her powers under the temporary assessment order.
(4) The search warrant is executed only when the member of the police force enters the premises where the child is actually located.
(5) On executing a search warrant, the member of the police force executing the warrant—
(a) must announce that he or she is authorised by the warrant to enter the place; and
(b) if the member of the police force has been unable to obtain unforced entry, must give any person at the place an opportunity to allow entry to the place.
(6) A member of the police force need not comply with sub-section (5) if he or she believes on reasonable grounds that immediate entry to the place is required to ensure—
(a) the safety of any person; or
(b) that the effective execution of the search warrant is not frustrated.
(7) Unless executed earlier, a search warrant issued under this section remains in force for the duration of the temporary assessment order.
(8) Subject to this section, the rules that apply to search warrants under the Magistrates' Court Act 1989 extend and apply to a search warrant under this section.