Victorian Numbered Acts

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HERITAGE ACT 2017 (NO. 7 OF 2017) - SECT 202

Search warrant for any premises

    (1)     An inspector may apply to a magistrate for the issue of a search warrant in relation to any premises if the inspector believes on reasonable grounds that there is, or may be within the next 72 hours, on the premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations.

    (2)     A magistrate may issue a search warrant if the magistrate is satisfied that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, on the premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations.

    (3)     The search warrant may authorise an inspector named in the warrant and any assistants the inspector considers necessary—

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

        (b)     to search for a thing named or described in the warrant.

    (4)     An inspector executing a search warrant issued under this section may seize a thing that is not named or described in the search warrant if the inspector considers on reasonable grounds that—

        (a)     the thing is connected with the offence or connected with another offence against this Act; and

        (b)     seizing the thing is necessary to prevent its concealment, loss or destruction.

    (5)     In addition to any other requirement, the search warrant must state—

        (a)     the offence suspected; and

        (b)     the premises to be searched; and

        (c)     a description of the thing for which the search is to be made; and

        (d)     any conditions to which the warrant is subject; and

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

        (f)     a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

    (6)     A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act.

    (7)     The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.



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