Victorian Numbered Acts Victorian Numbered ActsAfter section 26ZF of the Second-Hand Dealers and Pawnbrokers Act 1989 insert —
(1) A police officer may apply to a magistrate for the issue of a search warrant in relation to particular premises for the purpose of monitoring compliance with this Act or the regulations in relation to second-hand dealers.
(2) If a magistrate is satisfied by the evidence, on oath or by affirmation or by affidavit, of the police officer that the warrant is necessary for the purpose of monitoring compliance with this Act or the regulations in relation to second-hand dealers, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989 , authorising a police officer named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—
(a) to enter the premises specified in the warrant, if necessary by force; and
(b) to do all or any of the following—
(i) search for;
(ii) seize;
(iii) secure against interference;
(iv) examine and inspect;
(v) make copies of or take extracts from—
a thing or things of a particular kind named or described in the warrant and which the police officer believes, on reasonable grounds, to be connected with a contravention of this Act or the regulations in relation to second-hand dealers.
(3) A search warrant issued under this section must state—
(a) the purpose for which the search is required; 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.
(4) 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 warrants under this section.
(1) On executing a search warrant, the police officer executing the warrant—
(a) must announce that the police officer is authorised by the warrant to enter the premises; and
(b) if the police officer has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises.
(2) A police officer need not comply with subsection (1) if the police officer believes on reasonable grounds that immediate entry to the premises 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 premises where a search warrant is being executed, the police officer must—
(a) identify the police officer to the occupier; and
(b) give to the occupier a copy of the warrant.
(2) If the occupier is not present at premises where a search warrant is being executed, the police officer must—
(a) identify the police officer to a person (if any) at the premises; and
(b) give to the person a copy of the warrant.
A search warrant under section 26ZG authorises a police officer executing the search warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize or take a sample of any thing which is not of the kind described in the warrant if—
(a) the police officer believes, on reasonable grounds, that the thing is of a kind which could have been included in a search warrant issued under this Division; and
(b) in the case of seizure, the police officer believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the contravention of this Act.
(1) A police officer executing a search warrant under section 26ZG who is authorised by that warrant to seize any thing may, if the thing cannot, or cannot readily, be physically seized and removed, issue an embargo notice in the prescribed form—
(a) by causing a copy of the notice to be served on the occupier; or
(b) if the occupier cannot be located after all reasonable steps have been taken to do so, by affixing a copy of the notice to the thing in a prominent position.
(2) A person who knows that an embargo notice relates to a thing and who—
(a) sells; or
(b) leases; or
(c) without the written consent of the police officer who issued the embargo notice, moves; or
(d) transfers; or
(e) otherwise deals with—
the thing or any part of the thing is guilty of an offence and liable to a penalty not exceeding 50 penalty units.
(3) It is a defence to a prosecution for an offence against subsection (2) to prove that the accused moved the thing or the part of the thing for the purpose of protecting and preserving it.
(4) Despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of this section is void.
(1) If a police officer retains possession of a document taken or seized from a person under this Division, the police officer must give the person, within 21 days of the seizure, a copy of the document certified as correct by the police officer.
(2) A copy of a document certified under subsection (1) shall be received in all courts and tribunals to be evidence of equal validity to the original.
(1) If a police officer seizes a document or other thing under this Division, the police officer must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists.
(2) If the document or thing seized has not been returned within 3 months after it was seized, the police officer must take reasonable steps to return it unless—
(a) proceedings for the purpose for which the document or thing was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or
(b) the Magistrates' Court makes an order under section 26ZN extending the period during which the document or thing may be retained.
(1) A police officer may apply to the Magistrates' Court—
(a) within 3 months after seizing a document or other thing under this Division; or
(b) if an extension has been granted under this section, before the end of the period of the extension—
for an extension not exceeding 3 months of the period for which the police officer may retain the document or thing but so that the total period of retention does not exceed 12 months.
(2) The Magistrates' Court may order such an extension if it is satisfied that the total period of retention does not exceed 12 months and retention of the document or other thing is necessary—
(a) for the purposes of an investigation into whether a contravention of this Act or the regulations has occurred; or
(b) to enable evidence of a contravention of this Act or the regulations to be obtained for the purposes of a proceeding under this Act.
(3) The Magistrates' Court may adjourn an application to enable notice of the application to be given to any person.
To the extent that it is reasonably necessary to determine compliance with this Act or the regulations, a police officer exercising a power of entry under this Division pursuant to a search warrant under section 26ZG who produces identification for inspection by the occupier of the premises or an agent or employee of the occupier may require that person—
(a) to give information to the police officer, orally or in writing; and
(b) to produce documents to the police officer; and
(c) to give reasonable assistance to the police officer.
A person must not refuse or fail, without reasonable excuse, to comply with a requirement of a police officer under this Division.
Penalty: 50 penalty units.
(1) A person is not excused from answering a question or producing a document under this Division on the ground that the answer or document might tend to incriminate the person.
(2) If the person claims, before answering a question, that the answer might tend to incriminate the person, the answer is not admissible in evidence in any criminal proceedings, other than in proceedings in respect of the falsity of the answer.
A person must not—
(a) give information to a police officer under this Division that the person believes to be false or misleading in any material particular; or
(b) produce a document to a police officer under this Division that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.
Penalty: 50 penalty units.
(1) A written requirement by a police officer under this Division may be given personally or by registered post to a person—
(a) at the last known place of business, employment or residence of the person; or
(b) in the case of a body corporate, at the registered office of the body corporate.
(2) A person who provides a document or information in response to a requirement of a police officer under this Division may send that document or information to the police officer by registered post.".