Victorian Numbered Regulations

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CONFISCATION (AMENDMENT) REGULATIONS 2004 (SR NO 57 OF 2004) - SCHEDULE 4B

SCHEDULE 4B

r. 23

SEARCH AND INSPECTION WARRANT

(Section 97B)

Court Ref.    


Purpose for which warrant is issued

o     to search for and inspect the restrained property described below

o     to search for and inspect the property described below to which an embargo notice relates

o     to search for and inspect the forfeited property described below

Description of restrained, embargoed or forfeited property which may be inspected

Premises which may be searched for restrained, embargoed or forfeited property

Number and name of     street

    suburb

or other description of premises

Reasons for issue of warrant

Reasonable grounds for believing that it is necessary to inspect the property described above for the purposes of maintaining it, and that the property (other than real property)—

o     is

o     may be within the next 72 hours—

in or on the premises described above.

This warrant is issued to the following person(s)

Name


Address


being a *prescribed person/*a person who belongs to a prescribed class of persons for the purposes of section 97A of the Confiscation Act 1997 .

* Delete whichever is inapplicable

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

This warrant authorises the person(s) named above, with the aid of any assistants considered reasonably necessary to achieve the purpose for which the warrant was issued, to—

o     enter the premises described above

o     search for and inspect the property described above

o     break open any receptacle in or on the premises described above for the purposes of the search and inspection of the property described above, if it is reasonably necessary to do so

o     photograph or record by other means the property described above

o     make an inventory of the property described above.

This warrant also authorises the sheriff or a person directed by the sheriff to break and enter the premises described above.

Nothing in this warrant authorises the seizure of property or the arrest of a person.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

This warrant ceases to have effect if it is recalled and cancelled by the magistrate who issued it. If it is not recalled and cancelled, this warrant ceases to have effect at the end of one month after its issue or when it is executed, whichever occurs first.

The person who executes this warrant must announce that he or she is authorised by the warrant to enter the premises and must give any person at the premises an opportunity to allow entry to the premises before force is used to enter.

If the occupier is present at the premises where this warrant is being executed, the person executing the warrant must identify himself or herself to the occupier and give the occupier a copy of the warrant. If the occupier is not present at the premises where this warrant is being executed, the person executing the warrant must identify himself or herself to any other person at the premises and give that person a copy of the warrant.

If the person who executes this warrant believes that no person is present at the premises or has given a copy of the warrant to a person at the premises other than the occupier, the person who executes the warrant must give the occupier a copy of the warrant as soon as practicable, but not more than 7 days after the warrant is executed.

The person who executes this warrant must, within a reasonable time after execution, give any person with an interest in the property inspected a copy of any inventory made of the property and a written notice stating that the person may request a copy of any photograph or other record made of the property.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

This warrant is issued under section 97B of the Confiscation Act 1997 .

Issued at

am/pm on / / at

by

Magistrate.

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