Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT ACT 2009 (NO. 25 OF 2009) - SECT 3

See:
Act No.
6231.
Reprint No. 20
as at
1 July 2008
and amending
Act Nos
16/2004, 9/2008, 12/2008, 24/2008, 34/2008, 46/2008, 52/2008, 58/2008, 68/2008, 78/2008, 1/2009, 4/2009 and 7/2009.
LawToday:
www.
legislation.
vic.gov.au

    (1)     For section 92(1) of the Crimes Act 1958 substitute —

    "(1)     If a magistrate is satisfied by evidence on oath or by affidavit that there is reasonable cause to believe that any person has—

        (a)     in the custody or possession of the person; or

        (b)     on any premises (including any vehicle on or in those premises) of the person; or

        (c)     on or in a particular vehicle located in a public place—

any stolen goods, the magistrate may grant a warrant to search for and seize those goods.

    (1A)     A warrant issued under subsection (1) must be addressed to a constable unless the warrant is issued under the authority of an enactment that expressly provides otherwise.".

    (2)     For section 92(3) of the Crimes Act 1958 , substitute —

    "(3)     If under this section a person is authorised to search premises or a particular vehicle located in a public place for stolen goods, he or she may enter and search the premises or the vehicle accordingly, and may seize any goods the person believes to be stolen goods.".

    (3)     After section 92(4) of the Crimes Act 1958 , insert —

    "(5)     In this section—

"public place" has the same meaning as it has in section 3 of the Summary Offences Act 1966 ;

"vehicle" includes motor vehicle, aircraft and vessel.".