Victorian Numbered Acts Victorian Numbered ActsFor section 84E(3), (4) and (5) of the Domestic Animals Act 1994 substitute —
(1) The Secretary, on the application of an authorised officer who is appointed by a Council under section 72, may give written approval to that officer to apply under subsection (2) to a magistrate for the issue of a search warrant in relation to a person's residence.
(2) An authorised officer who is appointed by a Council under section 72, may with the approval of the Secretary under subsection (1), apply to a magistrate for the issue of a search warrant in relation to a person's residence, if the officer believes on reasonable grounds that there is present in or on the premises—
(a) a dog that the authorised officer is entitled to seize under section 84CA; or
(b) a document or thing that the authorised officer believes on reasonable grounds is relevant to determining if an offence under section 41EB has been committed in the municipal district of the Council.
(3) If the magistrate is satisfied, by the evidence, on oath or by affidavit, of the authorised officer that there are reasonable grounds to believe that a dog that the authorised officer is entitled to seize under section 84CA is present in or on the premises or there is a document or thing in or on the premises that is relevant to determining if an offence under section 41EB has been committed, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989 , authorising an authorised officer who is appointed under section 72 by the Council for the municipal district in which the offence under section 41EB is alleged to have been committed and who is named in the warrant, together with any other person or persons named or otherwise identified in the warrant (including a member of the police force) to assist the officer, and with any necessary equipment—
(a) to enter the premises specified in the warrant; and
(b) to search for the dog identified in the warrant; and
(c) to examine that dog for the purposes of identifying the owner of the dog; and
(d) if necessary, to seize the dog for the purposes of determining if the dog has been used, or is the progeny of a dog used, in the alleged commission of an offence under section 41EB including for the purposes of taking a sample from the dog in accordance with section 74B; and
(e) to search for, examine, take copies or photographs of, take extracts from or seize, a document or thing, named or described in the warrant, which the authorised officer reasonably believes is relevant to determining if an offence under section 41EB has been committed.
(4) An authorised officer who is appointed by a Council under section 72 may apply for, and a magistrate may issue, a warrant under this section authorising the authorised officer to enter a premises that is not in the municipal district of the Council and the authorised officer may enter that premises despite section 224(7) of the Local Government Act 1989 .
(5) Any reference in this Part (other than this section) to a dog seized under this Part or words to that effect does not include a dog seized under this section.
(1) A search warrant issued under this Part in relation to premises must state—
(a) the purpose for which the search is required; and
(b) any conditions to which the warrant is subject; and
(c) that entry to the premises is authorised to be made at any reasonable time of the day; and
(d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.
(2) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to search warrants under this Part.
(3) Despite section 78(1)(b)(iii) of the Magistrates' Court Act 1989 , a search warrant issued under this Part must not authorise an authorised officer to arrest a person.".