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Act index » Part I - Provisions applicable throughout Victoria » Division 2 - General Offences tending to Personal Injury, or Damage to Property, &c.
27 Search warrant for skins of cattle, goods from wreck etc.
(1)If a magistrate is satisfied, by evidence on oath or by affirmation or by affidavit, that there is reasonable cause to suspect that any of the following articles, namely—has been stolen or unlawfully taken or obtained and is to be found in a house or other place the magistrate may issue a warrant to search the house or place for the articles and to bring before the Magistrates' Court all such articles found therein and to bring before a bail justice or the Magistrates' Court, or summon to appear before the Magistrates' Court, any person in whose possession or on whose premises those articles are so found.
S. 27(1) amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 190.7(a)–(e)), 6/2018 s. 68(Sch. 2 item 119.2).
(a)the skin or carcass or any part of the skin or carcass of any cattle;
(b)any goods merchandise or article reasonably believed to have been taken or to have come from a ship or vessel in distress or wrecked stranded or cast on shore—
(2)Whenever a police officer finds any such articles on the premises or in the possession of any person or persons and has reasonable cause to suspect that any of such articles has been stolen or unlawfully taken or obtained he may bring all such articles before the Magistrates' Court and also may summon such a person to appear before the Magistrates' Court or arrest such a person and bring him or her before a bail justice or the Magistrates' Court.
S. 27(2) amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 190.8(a)(b)), 37/2014 s. 10(Sch. item 160.10).
(3)Any person on whose premises or in whose possession any such article is so found who, after proof of the matters referred to in subsection (1) or subsection (2) of this section, does not satisfy the court before which he is brought or appears that he came lawfully by the article or that the article was on his premises without his knowledge or assent shall be guilty of an offence. Penalty: 25 penalty units or imprisonment for six months.
S. 27(3) amended by No. 9554 s. 2(2)(Sch. 2 item 319).