Victorian Numbered Acts

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HERITAGE ACT 2017 (NO. 7 OF 2017) - SECT 213

Search warrants—registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts

    (1)     An inspector may apply to a magistrate for the issue of a search warrant in relation to a particular place if the inspector believes on reasonable grounds that a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact is being held in contravention of this Act at the place to be searched.

    (2)     A magistrate may issue a search warrant if the magistrate is satisfied that there are reasonable grounds for suspecting that an item referred to in subsection (1) is being held in contravention of this Act at the place.

    (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 part of the place, named or described in the warrant; and

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

    (4)     In addition to any other requirement, a search warrant issued under this section must state—

        (a)     the offence suspected; and

        (b)     the place to be searched; and

        (c)     a description of the thing searched for; 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.

    (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 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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