Victorian Numbered Acts Victorian Numbered ActsAfter section 74A of the Principal Act insert —
In this Division—
"relevant provision" means any of the following—
(a) section 12A(1) or (2) or 13(1) or (2);
(b) a provision of Part 4 or 4AA;
(c) a regulation that relates to a provision referred to in paragraph (a) or (b).
(1) For the purpose of monitoring compliance with a relevant provision, a restricted authorised officer, a Council authorised officer or a Departmental authorised officer may enter and search any premises or vehicle in which the authorised officer reasonably suspects that a domestic animal business is being conducted or that a GRV greyhound is being kept.
(2) An authorised officer may enter and search any premises or vehicle under subsection (1)—
(a) by any reasonable means; and
(b) with any reasonable assistance that the authorised officer requires.
(3) An authorised officer who enters and searches any premises or vehicle under subsection (1) may do all or any of the following—
(a) inspect any animal, enclosure or thing in the premises or vehicle;
(b) in the case of any document in the premises or vehicle, do all or any of the following—
(i) require the document to be produced for examination;
(ii) examine, make copies of or take extracts from the document, or arrange for the making of copies or the taking of extracts;
(iii) remove the document for so long as is reasonably necessary to make copies of or take extracts from the document;
(c) bring any equipment into the premises or vehicle, if the authorised officer reasonably believes that the equipment is necessary for the examination or processing of any thing (including any document) in the premises or vehicle in order to determine whether the thing may be seized under paragraph (d);
(d) seize any document or other thing, other than an animal, in the premises or vehicle, if the authorised officer reasonably believes that the thing is connected with a contravention of a relevant provision;
(e) secure any animal or thing in the premises or vehicle against interference, if the authorised officer reasonably believes that the animal or thing is connected with a contravention of a relevant provision;
(f) make any still or moving image or audio-visual recording of any document, animal or other thing in the premises or vehicle, if the authorised officer reasonably believes that it is connected with a contravention of a relevant provision;
(g) take and keep a sample of any thing in the premises or vehicle, if the authorised officer reasonably believes that the thing is connected with a contravention of a relevant provision;
(h) ask questions of a person present in the premises or vehicle if the authorised officer reasonably believes that the person may be connected with a contravention of a relevant provision.
(4) A power under this section must not be exercised in any part of a premises that is residential.
(5) If an authorised officer exercises a power of entry to any premises or vehicle under this section without the owner or occupier being present the authorised officer must, on leaving the premises or vehicle, leave a notice setting out—
(a) the time of entry; and
(b) the purpose of entry; and
(c) a description of things done while in the premises or vehicle; and
(d) the time of departure; and
(e) the procedure for contacting the authorised officer for further details of the entry.
(1) A restricted authorised officer, a Council authorised officer or a Departmental authorised officer may apply to a magistrate for the issue of a search warrant in relation to any premises or vehicle if the authorised officer reasonably believes that there is in the premises or vehicle any thing, or kind of thing, that is relevant to determining if an offence against a relevant provision has been committed.
(2) An application under subsection (1) must not be made without the written approval of the Secretary.
(3) In this section and section 74AE a reference to "premises" includes the whole or any part of a premises that is residential.
(1) If a magistrate is satisfied by the evidence, on oath or by affidavit, that there is in the premises or vehicle specified in an application under section 74AD any thing, or kind of thing, that is relevant to determining if an offence against a relevant provision has been committed, the magistrate may issue the search warrant applied for in accordance with the Magistrates' Court Act 1989 .
(2) A search warrant issued under subsection (1) may authorise a person authorised in the warrant to execute the warrant to do all or any of the following—
(a) enter the premises or vehicle specified in the warrant;
(b) search for any thing, or kind of thing, named or described in the warrant;
(c) seize any document or other thing, other than an animal, that is or is of a kind named or described in the warrant which the authorised officer reasonably believes to be connected with a contravention of a relevant provision;
(d) do all or any of the following in relation to any thing that is or is of a kind named or described in the warrant and which the authorised officer reasonably believes to be connected with a contravention of a relevant provision—
(i) secure the thing against interference;
(ii) examine, inspect and take and keep samples of or from the thing;
(e) as to any document, or document
of a kind, named or described in the warrant, do all or any of the
following—
(i) require the document to be produced for inspection and examination;
(ii) examine the document;
(iii) if the authorised officer reasonably believes the document is connected with a contravention of a relevant provision, make copies of or take extracts from the document, or arrange for the making of copies of or the taking of extracts from the document and remove the document for so long as is reasonably necessary to make copies of or take extracts from the document;
(f) make any still or moving image or audio-visual recording of any thing that is or is of a kind named or described in the warrant, if the authorised officer believes on reasonable grounds that it is connected with a contravention of a relevant provision;
(g) take and keep a sample of any thing that is or is of a kind named or described in the warrant, if the authorised officer reasonably believes that the thing is connected with a contravention of a relevant provision.
(3) A search warrant issued under subsection (1)—
(a) may authorise an authorised officer to execute the warrant; and
(b) may authorise any other person named or otherwise identified in the warrant to assist the authorised officer to execute the warrant.
(1) A search warrant under this Division authorises the person executing the warrant, in addition to seizing any thing or kind of thing named or described in the warrant, to seize any document or other thing (that is not an animal) if the person reasonably believes—
(a) that the thing is of a kind that could have been included in the search warrant and that is connected with a contravention of a relevant provision; and
(b) that it is necessary to seize the thing in order to prevent its concealment, loss or destruction or its use in the contravention of the relevant provision.
(2) A search warrant under this Division authorises the person executing the warrant, in addition to seizing any thing or kind of thing named or described in the warrant, to take a sample of or from any thing, if the person reasonably believes, that—
(a) the thing is of a kind that could have been included in the search warrant; and
(b) the sample is of or from a thing that is connected with a contravention of a relevant provision.
A search warrant under this Division must state—
(a) the purpose for which the warrant is required and the nature of any alleged contravention; and
(b) any conditions to which the warrant is subject; and
(c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and
(d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.
(1) Despite section 78 of the Magistrates' Court Act 1989 , a search warrant under this Division must not authorise an authorised officer to arrest a person.
(2) Except as provided by this Division, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this Division.
(1) On executing a search warrant under this Division the authorised officer executing the warrant—
(a) must announce that the authorised officer is authorised by the warrant to enter the premises or vehicle; and
(b) if the authorised officer has been unable to obtain unforced entry, must give any person at the premises or vehicle an opportunity to allow entry to the premises.
(2) An authorised officer need not comply with subsection (1) if the authorised officer believes on reasonable grounds that immediate entry to the premises or vehicle is required to ensure—
(a) the safety of any person; or
(b) that the effective execution of the search warrant is not frustrated.
(1) If the occupier is present at the premises when a search warrant under this Division is being executed, the authorised officer must—
(a) show the authorised officer's identification to the occupier; and
(b) give a copy of the warrant to the occupier.
(2) If the occupier is not present at the premises when a search warrant under this Division is being executed, the authorised officer must, if there is a person present at the premises—
(a) show the authorised officer's identification to the person; and
(b) give the person a copy of the warrant.
(3) If a person is present at a vehicle when a search warrant under this Division is being executed, the authorised officer must—
(a) show the authorised officer's identification to the person; and
(b) give a copy of the warrant to the person.
(4) If a person is not present at a vehicle when a search warrant under this Division is being executed, the authorised officer must—
(a) leave information as to a means of contacting the authorised officer on the vehicle; and
(b) leave a copy of the warrant on the vehicle.".