Victorian Current Acts Victorian Current ActsS. 63(1) amended by Nos 44/1999 s. 23, 82/2008 s. 11, substituted by No. 25/2009 s. 33(1), amended by No. 37/2014 s. 10(Sch. item 155.18(a)).
(1) A police officer of or above the rank of senior sergeant may apply to a magistrate for the issue of a search warrant—
S. 63(1)(a) amended by Nos 1/2010 s. 42(2)(Sch. item 57) (as amended by No. 63/2010 s. 27), 37/2014 s. 10(Sch. item 155.18(b)), 7/2022 s. 14(a).
(a) in relation to particular premises (including any vehicle on or in those premises) if the police officer believes on reasonable grounds that a person is carrying on business at those premises as a sex work service provider in contravention of section 22(1) or (1A); or
S. 63(1)(b) amended by Nos 37/2014 s. 10(Sch. item 155.18(b)), 7/2022 s. 14(a).
(b) in relation to a particular vehicle located in a public place, if the police officer believes on reasonable grounds that there is evidence on or in the vehicle of a contravention of section 22(1) or (1A).
S. 63(2) amended by Nos 44/1999 s. 23, 1/2010 s. 42(2)(Sch. item 57) (as amended by No. 63/2010 s. 27), 6/2018 s. 68(Sch. 2 item 118.3), 7/2022 s. 14(b).
(2) If the magistrate to whom the application is made is satisfied by evidence on oath or by affirmation or by affidavit that there are reasonable grounds for suspecting that a person is carrying on business at the premises as a sex work service provider in contravention of section 22(1) or (1A), the magistrate may issue a search warrant.
S. 63(2A) inserted by No. 25/2009 s. 33(2), amended by Nos 6/2018 s. 68(Sch. 2 item 118.3), 7/2022 s. 14(b).
(2A) If the magistrate to whom an application is made is satisfied by evidence on oath or by affirmation or by affidavit that there are reasonable grounds for suspecting that there is evidence of a contravention of section 22(1) or (1A) on or in the vehicle located in a public place, the magistrate may issue a search warrant.
S. 63(3) amended by Nos 44/1999 s. 23, 25/2009 s. 33(3), 7/2022 s. 14(b).
(3) A search warrant issued under this section must be directed to the applicant for it and must authorise him or her to enter the premises or vehicle, or the part of premises or vehicle, named or described in the warrant to search for any article, thing or material of a kind named or described in the warrant which there is reasonable ground to believe will afford evidence as to the commission of an offence against section 22(1) or (1A).
(4) In addition to any other requirement, a search warrant issued under this section must state—
(a) any conditions to which the warrant is subject; and
(b) 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
(c) a date, not being later than 7 days after the date of issue of the warrant, on which the warrant ceases to have effect.
(5) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act.
(6) The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.
S. 63(7) inserted by No. 25/2009 s. 33(4).
(7) Nothing in subsection (1) affects the types of premises that may be licensed under this Act.
S. 63(8) inserted by No. 25/2009 s. 33(4).
(8) In this section—
"vehicle" includes motor vehicle, aircraft and vessel.