Victorian Numbered Acts Victorian Numbered Acts(1) In Schedule Ten to the Principal Act—
(a) for "is intended to be used for the purpose of committing" substitute "will afford evidence of the commission of";
(b) omit "to authorize and require you";
(c) for "to hold" substitute "to direct you to hold".
(2) In Schedule Ten to the Principal Act, for the words and expressions beginning "*(1) to enter and search" and ending "according to law." substitute —
"*(1) to authorize you to enter and search the said *land or *premises for such *things or *documents and, if any such *things or *documents be found, to seize and carry them before the Magistrates' Court so that the matter may be dealt with according to law or to destroy or dispose of them in accordance with section 81 of the Drugs, Poisons and Controlled Substances Act 1981 .".
(3) In Schedule Ten to the Principal Act, after "*Strike out whichever is not applicable" insert —
"Note: Under section 81(3) of the Drugs, Poisons and Controlled Substances Act 1981 , a member of the police force to whom a warrant under section 81(1) of that Act is addressed may, at any time or times by day or night but within one month from the date of the warrant and with such assistance as may be necessary—
(a) enter, if need be by force, the land or premises named in the warrant; and
(b) arrest all persons on or in that land or those premises who are found offending against a provision of that Act or the regulations made under that Act; and
(c) search the land or premises or any vehicle, boat or aircraft or any person found on or in that land or those premises or in any vehicle, boat or aircraft thereon or therein; and
(d) seize and carry away or, unless a direction under section 81(1A) of that Act applies, deal with as mentioned in paragraph (e)—
(i) any thing in respect of which an offence under that Act or the regulations made under that Act has been or is reasonably suspected to have been committed; and
(ii) any thing which there is reasonable ground to believe will afford evidence of the commission of an offence under that Act or the regulations made under that Act; and
(iii) any document directly or indirectly relating to or concerning a transaction or dealing which is or would be, if carried out, an offence against that Act or the regulations made under that Act or under a provision of a law in force in a place outside Victoria corresponding to a provision of Part V of that Act; and
(e) if—
(i) the thing is—
(A) a drug of dependence or a substance that contains a drug of dependence; or
(B) a poison or controlled substance; or
(C) an instrument, device or substance that is or has been used or is capable of being used for or in the cultivation, manufacture, sale or use or in the preparation for cultivation, manufacture, sale or use of a drug of dependence; and
(ii) an analyst or botanist within the meaning of section 120 of that Act certifies in writing to the member of the police force executing the warrant that destruction or disposal of the thing is required in the interests of health or safety—
destroy or dispose of the thing after taking, where practicable, any samples of it as are required for the purposes of that Act.".