160Warrants to search premises and vehicles

160 Warrants to search premises and vehicles S. 160(1) amended by No. 18/2010 s. 30. (1) A police officer may apply to a magistrate for the issue of a search warrant in relation to particular premises (including any vehicle on or in those premises) or a particular vehicle located in a public place if— S. 160(1)(a) substituted by No. 53/2016 s. 63(1). (a) either— (i) the police officer intends to apply for a family violence safety notice or family violence intervention order against a person or a notice has been issued or an order made against a person; or (ii) a person is a respondent to a recognised DVO; and (b) the police officer believes on reasonable grounds— (i) the person is committing or is about to commit an offence against this Act; or (ii) the person is in possession of a firearm, a firearms authority, ammunition or a weapon at premises or in a vehicle, other than premises at which the person resides or has resided or at which the person committed or allegedly committed family violence or a vehicle registered in the person's name. S. 160(1A) inserted by No. 77/2013 s. 29(1). (1A) A police officer may apply to a magistrate for the issue of a search warrant in relation to particular premises (including any vehicle on or in those premises) or a particular vehicle located in a public place if— S. 160(1A)(a) substituted by No. 53/2016 s. 63(2). (a) either— (i) a police officer intends to serve or has served on a person an application for a recognised DVO made against the person; or (ii) a police officer intends to serve or has served on a person an interstate DVO made against a person or an application for an interstate DVO made against the person; and (b) the police officer believes on reasonable grounds that the person is in possession of a firearm, a firearms authority, ammunition or a weapon at premises or in a vehicle, other than premises at which the person resides or has resided or at which the person committed or allegedly committed family violence or a vehicle registered in the person's name. S. 160(2) amended by No. 6/2018 s. 68(Sch. 2 item 52.6). (2) If the magistrate is satisfied by the evidence on oath or by affirmation or by affidavit, that there are reasonable grounds for suspecting that an offence against this Act is being or is about to be committed or the person is in possession of a firearm, firearms authority, ammunition or a weapon, the magistrate may issue a search warrant authorising the police officer named in the warrant and any assistants the police officer considers necessary— (a) to enter the premises or vehicle named or described in the warrant; and (b) to search for and seize— (i) any evidence of the offence named or described in the warrant; or (ii) any firearms, firearms authority, ammunition or weapon as specified in the warrant. (3) In addition to any other requirement, a search warrant issued under this section must state— (a) if the grounds for seeking the warrant are the grounds referred to in subsection (1)(b)(i), the offence suspected; and S. 160(3)(b) amended by No. 77/2013 s. 29(2). (b) if the grounds for seeking the warrant are the grounds referred to in subsection (1)(b)(ii) or (1A), the reason it is necessary to search for the firearm, firearms authority, ammunition or a weapon in the person's possession; and (c) the premises or vehicle to be searched; and (d) a description of the evidence or firearm, firearms authority, ammunition or a weapon to be searched for; and (e) any conditions to which the warrant is subject; and (f) whether entry is authorised to be at any time or during stated hours; and (g) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. (4) A search warrant must be issued in accordance with the **Magistrates' Court Act 1989** and in the prescribed form under that Act. (5) The rules to be observed with respect to search warrants set out by or under the **Magistrates' Court Act 1989** extend and apply to warrants under this section.