Crimes (Search Warrant) Regulations 2004

Victorian Legislation Parliamentary Documents i Crimes (Search Warrant) Regulations 2004 S.R. No. 141/2004 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Form of search warrant 1 __________________ SCHEDULE—Search Warrant 2 ═══════════════ -- 1 of 4 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 141/2004 Crimes Act 1958 Crimes (Search Warrant) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 16 November 2004 Responsible Minister: ROB HULLS Attorney-General DIANE CASEY Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe a form of search warrant for the purposes of section 465 of the Crimes Act 1958. 2. Authorising provision These Regulations are made under section 465(4) of the Crimes Act 1958. 3. Commencement These Regulations come into operation on 22 November 2004. 4. Form of search warrant A warrant issued by a magistrate under section 465 of the Crimes Act 1958 must be in the form in the Schedule. __________________ -- 2 of 4 -- Victorian Legislation Parliamentary Documents S.R. No. 141/2004 Crimes (Search Warrant) Regulations 2004 2 SCHEDULE Regulation 4 SEARCH WARRANT Crimes Act 1958—section 465 Court ref: Name and description of article, thing, or material: (Insert relevant details) Place where search will be conducted for article, thing or material: (Set out full address of premises to be searched) Reasons for search or description of suspected offence: (Insert reasons or description) This warrant authorises: (Name, Rank and No.) of (Agency and Address) Or all members of the police force: - to break, enter and search any place named or described in this warrant for any article, thing or material of any kind described in this warrant; AND - to bring the article, thing or material before the Court so that the matter may be dealt with according to law; AND - to arrest any person apparently having possession, custody or control of the article, thing or material. - * I am satisfied that there are reasonable grounds that certain articles, things or material namely: (hereinafter referred to as "the said property") is tainted property within the meaning of the Confiscation Act 1997 and I direct that the applicant hold or retain the said property as if it were tainted property seized under section 79 of the Confiscation Act 1997 as and from the date when the property is no longer required for evidentiary purposes under the Crimes Act 1958. Sch. -- 3 of 4 -- Victorian Legislation Parliamentary Documents S.R. No. 141/2004 Crimes (Search Warrant) Regulations 2004 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– If a person is arrested You must cause any person apparently having possession, custody or control of any article, thing or material described in this warrant when arrested: ! to be brought before a bail justice or the Court within a reasonable time of being arrested to be dealt with according to law; OR ! to be released on bail in accordance with the endorsement on this warrant. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– CERTIFICATE OF BAIL Any person arrested under this warrant may be released upon entering an undertaking of bail to appear at the Magistrates' Court at on the following conditions: ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– This warrant is authorised by section 465 of the Crimes Act 1958. Given under my hand at: (place) at (time) *am/pm on (date) Signature: Magistrate: (name) *Strike out if not applicable ═══════════════ Sch. -- 4 of 4 --