Victorian Current Acts Victorian Current Acts(1) When issuing a service search warrant the magistrate must be satisfied that there are reasonable grounds to believe that—
(a) the individual who is to be searched for under the warrant is named in a firearm prohibition order; and
(b) the order has not been served on the individual; and
(c) a police officer has made reasonable attempts to serve the order; and
(d) the individual to whom the order applies is avoiding service of the order; and
(e) it is in the public interest that the order be served on the individual within 28 days after the warrant is issued; and
(f) issuing a service search warrant is reasonable in the circumstances; and
(g) if the individual is under the age of 18 years, the circumstances are exceptional.
(2) The magistrate must be satisfied of the matters set out in subsection (1) on evidence of those matters being given on oath or affirmation and whether orally or by affidavit.
(3) Before issuing a service search warrant, the magistrate may have regard to the following—
(a) the nature of the premises for which entry is being sought;
(b) whether the premises are a residence;
(c) whether a person with a special vulnerability is likely to be at the premises at the time of the search;
(d) any other prescribed matter;
(e) any other matter the magistrate considers relevant.
S. 112ZI inserted by No. 10/2024 s. 14.