Victorian Numbered Acts

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DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018) - SECT 225

Authorised officer may apply for search warrant for entry to, and search of, premises

    (1)     An authorised officer may apply to a magistrate for the issue of a search warrant in relation to particular premises if the authorised officer believes on reasonable grounds that—

        (a)     there is or has been a contravention of this Act or the regulations; or

        (b)     entry into or onto the premises is necessary for the purpose of investigating the subject matter of a notification or a complaint.

    (2)     If a magistrate is satisfied by evidence on oath or affirmation, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is on the premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations or evidence about a matter that is being investigated by the authorised officer, the magistrate may issue a search warrant authorising any person named in the warrant—

        (a)     to enter the premises, or the part of the premises, named or described in the warrant; and

        (b)     to search for and seize a thing named or described in the warrant; and

        (c)     to bring the thing before the Magistrates' Court so that the matter may be dealt with according to law.

    (3)     In addition to any other requirement, a search warrant issued for the purposes of this section must state the following—

        (a)     the offence or grounds for suspecting evidence about a certain matter is at the premises;

        (b)     the premises to be searched;

        (c)     the name or a description of the thing to be searched for;

        (d)     any condition to which the warrant is subject;

        (e)     whether entry is authorised to be made at any time or during stated hours;

        (f)     a day, being a day not later than 7 days after the issue of the warrant, on which the warrant expires.



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