Victorian Current Acts Victorian Current Acts(1) An authorised officer may apply to a magistrate for the issue of a search warrant in relation to a place or premises if the authorised officer reasonably believes that—
(a) there is, or may be within the next 72 hours, a particular thing (including a document) at the place or premises; and
(b) the particular thing may afford evidence of the commission of an offence against this Act or the regulations.
(2) A magistrate may issue the search warrant if the magistrate is satisfied by evidence given under oath or affirmation, whether oral or by affidavit, of the authorised officer's reasonable belief.
(3) The search warrant may authorise an authorised officer and any assistants the authorised officer considers necessary—
(a) to enter the place or premises named or described in the warrant; and
(b) to search for the thing named or described in the warrant.
(4) In addition to any other requirement, the search warrant must state the following—
(a) the offence suspected;
(b) the place or premises to be searched;
(c) a description of the thing that the search is made for;
(d) any conditions that the warrant is subject to;
(e) whether entry is authorised to be made at any time or during specified hours;
(f) that the warrant authorises entry on only one occasion;
(g) a day, not later than 7 days after the day the warrant is issued, that the warrant ceases to have effect;
(h) that the warrant is issued in accordance with the Magistrates' Court Act 1989 .
(5) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act.
(6) The rules that apply to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to search warrants issued under this section.
S. 262 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12− 30, 3/2020 ss 42– 44, 47/2020 s. 26).