Crimes (Search Warrant) Regulations 2014 (Vic)

Version No. 002

Crimes (Search Warrant) Regulations 2014

S.R. No. 137/2014

Version incorporating amendments as at

1 December 2015

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Form of search warrant

Schedule—Search warrant

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 002

Crimes (Search Warrant) Regulations 2014

S.R. No. 137/2014

Version incorporating amendments as at

1 December 2015

1Objective

The objective of these Regulations is to prescribe a form of search warrant for the purposes of section 465 of the Crimes Act 1958.

2Authorising provision

These Regulations are made under section 465(4) of the Crimes Act 1958.

3Commencement

These Regulations come into operation on 15 November 2014.

4Revocation

(1)The Crimes (Search Warrant) Regulations 2004[1] are revoked.

(2)The Crimes (Search Warrant) Amendment Regulations 2009[2] are revoked.

5Form 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.

Schedule—Search warrant

Regulation 5

Crimes Act 1958—section 465

Court ref:

Name and description of thing:

[Insert relevant details]

* Building, receptacle or place where search will be conducted for thing:

[Set out full address of premises to be searched]

* Vehicle located in a public place where search will be conducted for thing:

[Set out identifying details of vehicle 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 police officers:

Ÿto break, enter and search any *building, receptacle or place/*specified vehicle located in a public place named or described in this warrant for any thing of any kind described in this warrant;

AND

Ÿto bring the thing before the Court so that the matter may be dealt with according to law;

AND

Ÿto arrest any person apparently having possession, custody or control of the thing.

*I am satisfied that there are reasonable grounds that the thing namely:

is tainted property within the meaning of the Confiscation Act 1997 and I direct that the applicant hold or retain the thing 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.

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If a person is arrested

You must cause any person apparently having possession, custody or control of any thing described in this warrant when arrested:

oto be brought before a bail justice or the Court within a reasonable time of being arrested to be dealt with according to law; OR

oto be released on bail in accordance with the endorsement on this warrant.

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*ENDORSEMENT OF BAIL

Any person arrested under this warrant must be released upon entering an undertaking of bail to appear at the Magistrates' Court at:     [place]

on the following conditions:

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*Authority to give a direction under section 465AAA(2) of the Crimes Act 1958

A police officer executing this warrant may direct—

[Name of specified person or persons]

of

[Address or addresses]

to provide any information or assistance that is reasonable and necessary to allow the police officer to—

* access data held in, or accessible from, a computer or data storage device that—

* is on warrant premises; or

* has been seized under this warrant and is at a place other than warrant premises;

* copy to another data storage device data held in, or accessible from, a computer or data storage device that—

* is on warrant premises; or

* has been seized under this warrant and is at a place other than warrant premises;

* convert into documentary form or another form intelligible to a police officer—

* data held in, or accessible from, a computer or data storage device that—

* is on warrant premises; or

* has been seized under this warrant and is at a place other than warrant premises; or

* data held in a data storage device to which the data was copied in accordance with a direction given by authority of this warrant.

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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 words which are not applicable

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Crimes (Search Warrant) Regulations 2014, S.R. No. 137/2014 were made on 23 September 2014 by the Governor in Council under section 465(4) of the Crimes Act 1958, No. 6231/1958 and came into operation on 15 November 2014: regulation 3.

The Crimes (Search Warrant) Regulations 2014 will sunset 10 years after the day of making on 23 September 2024 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after

1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.

This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 

See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after

1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.

See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after

1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Crimes (Search Warrant) Regulations 2014 by statutory rules, subordinate instruments and Acts.

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Crimes (Search Warrant) Amendment Regulations 2015, S.R. No. 138/2015

Date of Making:	24.11.15
Date of Commencement:	1.12.15: reg. 3

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3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

[1] Reg. 4(1): S.R. No. 141/2004 as amended by S.R. No. 102/2009.

[2] Reg. 4(2): S.R. No. 102/2009.