Sch 1Powers of entry by search warrant

Schedule 1—Powers of entry by search warrant 1 Application for warrant (1) An authorised officer may apply to a magistrate for a search warrant in relation to premises if the officer believes on reasonable grounds that— (a) a person is or has been operating a children's service at the premises in contravention of this Act; or (b) documents or other evidence relevant to the possible commission of an offence against this Act are present at the premises. (2) The authorised officer must prepare a written application that states the grounds on which the warrant is sought. (3) The written application must be sworn. (4) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. 2 Issue of warrant (1) The magistrate may issue the warrant in respect of premises only if the magistrate is satisfied there are reasonable grounds to believe that— (a) a person is operating a children's service at the premises in contravention of this Act; or (b) documents or other evidence relevant to the possible commission of an offence against this Act are present at the premises. (2) The warrant must state— (a) that a stated authorised officer may, with necessary and reasonable help and force— (i) enter the premises and any other premises necessary for entry; and (ii) exercise the authorised officer's powers under this Schedule; and (b) the matter for which the warrant is sought; and (c) the evidence that may be seized under the warrant; and (d) the hours of the day or night when the premises may be entered; and (e) the date, within 14 days after the warrant's issue, the warrant ends. 3 Application by electronic communication (1) An authorised officer may apply for a warrant by phone, facsimile, email, radio, video conferencing or another form of communication if the authorised officer considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including the authorised officer's remote location. (2) The application— (a) may not be made before the authorised officer prepares the written application under clause 1(2); but (b) may be made before the written application is sworn. (3) The magistrate may issue the warrant (the ***original warrant***) only if the magistrate is satisfied— (a) it was necessary to make the application under subclause (1); and (b) the way the application was made under subclause (1) was appropriate. (4) After the magistrate issues the original warrant— (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by facsimile or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or (b) otherwise— (i) the magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and (ii) the authorised officer must complete a form of warrant including by writing on it— (A) the magistrate's name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant. (5) The copy of the warrant referred to in subclause (4)(a), or the form of warrant completed under subclause (4)(b) (in either case the ***duplicate warrant***), is a duplicate of, and as effectual as, the original warrant. (6) The authorised officer must, at the first reasonable opportunity, send to the magistrate— (a) the written application complying with clause 1(2) and (3); and (b) if the authorised officer completed a form of warrant under subclause (4)(b), the completed form of warrant. (7) The magistrate must keep the original warrant and, on receiving the documents under subclause (6), file the original warrant and documents in the court. (8) Despite subclause (5), if— (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this clause; and (b) the original warrant is not produced in evidence— the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power. (9) This clause does not limit clause 1. 4 Procedure before entry under warrant (1) Before entering premises under a warrant, an authorised officer must do or make a reasonable attempt to do the following— (a) identify himself or herself to a person present at the premises who is an occupier of the premises by producing the authorised officer's identity card; (b) give the person a copy of the warrant; (c) tell the person the authorised officer is permitted by the warrant to enter the premises; (d) give the person an opportunity to allow the authorised officer immediate entry to the premises without using force. (2) However, the authorised officer need not comply with subclause (1) if the authorised officer reasonably believes that immediate entry to the premises is required to ensure the effective execution of the warrant is not frustrated. 5 Powers after entering premises (1) This clause applies if an authorised officer enters premises under clause 4. (2) The authorised officer may for the purposes of the investigation do the following— (b) inspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises; (e) take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this Schedule; (f) require the occupier of the premises, or a person at the premises, to give the authorised officer reasonable help to exercise the authorised officer's powers under paragraphs (a) to (e); (g) require the occupier of the premises, or a person at the premises, to give the authorised officer information to help the authorised officer in conducting the investigation. Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 30 May 1996* *Legislative Council: 8 October 1996* The long title for the Bill for this Act was "to provide for the licensing and regulation of children's services, to repeal Part XIA of the **Health Act 1958** and to make consequential amendments to other Acts." The **Children's Services Act 1996** was assented to on 3 December 1996 and came into operation as follows: Sections 1 and 2 on 3 December 1996: section 2(1); rest of Act on 1 June 1998: Government Gazette 28 May 1998 page 1189. 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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection 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 an Act 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 an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Children's Services Act 1996** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Children's Services Act 1996, No. 53/1996** | Assent Date: | 3.12.96 | | Commencement Date: | S. 210(5) inserted on 17.5.20 by No. 37/2019 s. 16: Special Gazette (No. 232) 12.5.20 p. 1 | | Note: | S. 210(5) provided that s. 210 expired on 17.5.22 | **Disability Services and Other Acts (Amendment) Act 1997, No. 72/1997** | Assent Date: | 25.11.97 | | Commencement Date: | Ss 14, 15 on 25.11.97: s. 2(1) | **Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998** | Assent Date: | 26.5.98 | | Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) | **Statute Law Revision Act 2000, No. 74/2000** | Assent Date: | 21.11.00 | | Commencement Date: | S. 3(Sch. 1 item 19) on 3.12.96: s. 2(2)(d) | **Public Administration Act 2004, No. 108/2004** | Assent Date: | 21.12.04 | | Commencement Date: | S. 117(1)(Sch. 3 item 30) on 5.4.05: Government Gazette 31.3.05 p. 602 | **Statute Law Revision Act 2005, No. 10/2005** | Assent Date: | 27.4.05 | | Commencement Date: | S. 3(Sch. 1 item 4) on 28.4.05: s. 2 | **Education and Training Reform Act 2006, No. 24/2006** | Assent Date: | 16.5.06 | | Commencement Date: | S. 6.1.2(Sch. 7 item 6) on 1.7.07: Government Gazette 28.6.07 p. 1304 | **Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006** | Assent Date: | 15.8.06 | | Commencement Date: | S. 42(Sch. item 6) on 23.4.07: s. 2(3) | **Education and Training Reform Miscellaneous Amendments Act 2007, No. 58/2007** | Assent Date: | 27.11.07 | | Commencement Date: | S. 52 on 28.11.07: s. 2(1) | **Children's Services and Education Legislation Amendment (Anaphylaxis Management) Act 2008, No. 3/2008** | Assent Date: | 4.3.08 | | Commencement Date: | Ss 3, 4 on 14.7.08: s. 2(2) | **Children's Legislation Amendment Act 2008, No. 22/2008** | Assent Date: | 3.6.08 | | Commencement Date: | Ss 6, 7(2), 9(1)–(4), 11(1)(2), 12(1)(2), 13(1), 16, 17, 20(2)(3), 27, 29(6), 30 on 4.6.08: s. 2(1); ss 3–5, 7(1), 8, 9(5)(6), 10, 11(3), 12(3), 13(2), 14, 15, 18, 19, 20(1), 21–26, 28, 29(1)–(5), 31–40 on 25.5.09: s. 2(3) | **Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009** | Assent Date: | 24.11.09 | | Commencement Date: | S. 97(Sch. item 19) on 1.1.10: Government Gazette 10.12.09 p. 3215 | **Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010** | Assent Date: | 30.3.10 | | Commencement Date: | S. 51(Sch. item 13) on 1.7.10: s. 2(2) | **Statute Law Revision Act 2011, No. 29/2011** | Assent Date: | 21.6.11 | | Commencement Date: | S. 3(Sch. 1 item 10.3) on 25.5.09: s. 2(2)(a); s. 3(Sch. 1 items 10.1, 10.2) on 22.6.11: s. 2(1) | **Children's Services Amendment Act 2011, No. 80/2011** | Assent Date: | 21.12.11 | | Commencement Date: | Ss 4–59 on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2 | **Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014** | *Assent Date:* | 3.6.14 | | *Commencement Date:* | S. 10(Sch. item 17) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 | | *Current State:* | This information relates only to the provision/s amending the **Children's Services Act 1996** | **Education and Care Services National Law Amendment Act 2017, No. 9/2017** | Assent Date: | 27.3.17 | | Commencement Date: | Ss 69−74 on 1.10.17: Special Gazette (No. 303) 12.9.17 p. 1 | **Oaths and Affirmations Act 2018, No. 6/2018** | Assent Date: | 27.2.18 | | Commencement Date: | S. 68(Sch. 2 item 21) on 1.3.19: s. 2(2) | **Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019** | Assent Date: | 25.6.19 | | Commencement Date: | S. 253 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1 | **Children's Services Amendment Act 2019, No. 37/2019** | *Assent Date:* | 6.11.19 | | *Commencement Date:* | Ss 4−17 on 17.5.20: Special Gazette (No. 232) 12.5.20 p. 1 | **Worker Screening Act 2020, No. 34/2020** | Assent Date: | 4.11.20 | | Commencement Date: | Ss 177–179 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1 | **Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022** | Assent Date: | 29.3.22 | | *Commencement Date:* | S. 5 on 30.3.22: s. 2(3) | **Early Childhood Legislation Amendment Act 2022, No. 43/2022** | Assent Date: | 27.9.22 | | Commencement Date: | Ss 7–10 on 1.1.23: s. 2(2); ss 39–44, 51 on 1.7.23: Special Gazette (No. 253) 23.5.23 p. 1; ss 45–50 on 1.10.23: s. 2(4) | **Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023, No. 17/2023** | Assent Date: | 27.6.23 | | Commencement Date: | S. 55 on 1.7.24: s. 2(3) | **Early Childhood Legislation Amendment (Premises Approval in Principle) Act 2023, No. 33/2023** | Assent Date: | 21.11.23 | | Commencement Date: | Ss 18, 19 on 22.11.23: s. 2(1); ss 13−17 on 1.10.24: s. 2(3) | **Victorian Early Childhood Regulatory Authority Act 2025, No. 49/2025** | Assent Date: | 25.11.25 | | Commencement Date: | Ss 51–54 on 1.1.26: Special Gazette (No. 672) 2.12.25 p. 1 | **Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, No. 58/2025** | Assent Date: | 16.12.25 | | Commencement Date: | Ss 62, 63 on 23.2.26: Special Gazette (No. 50) 3.2.26 p. 1 | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details No entries at date of publication.