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PARLIAMENT OF VICTORIA
Liquor Control Reform Amendment (Enforcement)
Bill 2008
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Principal Act 2
4 Definitions 2
5 Selling forfeited liquor 3
6 Club licence 3
7 Licence condition--approval of directors 3
8 New section 18B substituted 4
18B Licence condition--security cameras 4
9 Application for licence or BYO permit 4
10 Licence or permit lapses if not endorsed 5
11 Licence suspension by police 5
12 New section 96B inserted 5
96B Suspension by Director 5
13 Breach notices 7
14 Obligations of owners, mortgagees, licensees and permittees 8
15 Change of directors and associates 9
16 Offences in relation to drunken or disorderly patrons 9
17 Further obligations of owners, mortgagees, licensees and
permittees 9
18 Investigatory powers 9
19 New sections 129, 130 and 130A substituted and sections 130B
to 130F inserted 10
129 Right of entry 10
130 Powers of authorised persons 12
130A Power to require names and addresses 14
130B Search warrants 14
130C Announcement before entry 16
130D Copy of warrant to be given to occupier 17
130E Offences relating to obstruction of authorised persons 17
130F Protection against self-incrimination 18
20 Further search and seizure provisions 19
21 Infringement notices 20
22 New section 154 substituted 20
154 Investigations and inquiries by the Director 20
561290B.I-3/12/2008 i BILL LA INTRODUCTION 3/12/2008
Clause Page
23 New section 155 substituted 21
155 Delegation 21
24 New section 156A inserted 22
156A Assistance to be provided 22
25 Licensing inspectors 22
26 New Division 5 inserted in Part 9 22
Division 5--Compliance inspectors 22
172A Compliance inspectors 22
172B Criminal record checks 23
172C Identity cards 24
172D General functions of compliance inspectors 25
27 Repeal of Act 25
ENDNOTES 26
561290B.I-3/12/2008 ii BILL LA INTRODUCTION 3/12/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Liquor Control Reform Amendment
(Enforcement) Bill 2008
A Bill for an Act to amend the Liquor Control Reform Act 1998 to
strengthen enforcement powers and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Liquor
Control Reform Act 1998--
(a) to strengthen enforcement powers;
5 (b) to clarify the Director's powers to impose
conditions in relation to security cameras;
(c) to require associates of licensees to be
declared;
(d) to make miscellaneous amendments.
561290B.I-3/12/2008 1 BILL LA INTRODUCTION 3/12/2008
Liquor Control Reform Amendment (Enforcement) Bill 2008
s. 2
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
5 operation before 1 January 2010, it comes into
operation on that day.
3 Principal Act
See: In this Act, the Liquor Control Reform Act 1998
Act No.
94/1998. is called the Principal Act.
Reprint No. 4
as at
22 May 2008
and
amending
Act Nos
72/2007,
4/2008,
9/2008,
12/2008 and
21/2008.
LawToday:
www.
legislation.
vic.gov.au
10 4 Definitions
(1) Insert the following definitions in section 3(1) of
the Principal Act--
"Australian lawyer has the same meaning as in
the Legal Profession Act 2004;
15 authorised person, in Division 3 of Part 8,
means--
(a) the Director; or
(b) a compliance inspector; or
(c) a member of the police force;
561290B.I-3/12/2008 2 BILL LA INTRODUCTION 3/12/2008
Liquor Control Reform Amendment (Enforcement) Bill 2008
s. 5
compliance inspector means a person appointed
as a compliance inspector under
section 172A;
Secretary means Secretary to the Department of
5 Justice;".
(2) Insert the following definitions in section 3(1) of
the Principal Act--
"TAFE institute has the same meaning as in the
Education and Training Reform Act 2006;
10 university has the same meaning as in the
Education and Training Reform Act
2006;".
5 Selling forfeited liquor
In section 6(j) of the Principal Act--
15 (a) in subparagraph (iv), for "force; or"
substitute "force;";
(b) after subparagraph (iv) insert--
"(v) the Director;
(vi) a compliance inspector; or".
20 6 Club licence
In section 10(4)(c) of the Principal Act, after
"force," insert "a compliance inspector,".
7 Licence condition--approval of directors
For section 18(2)(a)(ii) of the Principal Act
25 substitute--
"(ii) a university or a TAFE institute; or".
561290B.I-3/12/2008 3 BILL LA INTRODUCTION 3/12/2008
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s. 8
8 New section 18B substituted
For section 18B of the Principal Act substitute--
"18B Licence condition--security cameras
(1) The Director may impose a condition on a
5 licence requiring the licensee to fit security
cameras that comply with the prescribed
standards (if any) on the licensed premises or
any authorised premises, or on any other
premises, land, fixtures or objects that are
10 under the control of the licensee and that are
in the vicinity of the licensed premises or
authorised premises.
(2) The regulations may prescribe standards
relating to the quality and operation of
15 security cameras for the purposes of a
licence condition referred to in
subsection (1).".
9 Application for licence or BYO permit
(1) For section 28(1)(aa) of the Principal Act
20 substitute--
"(aa) list the names, dates of birth and addresses of
the associates--
(i) of the applicant; and
(ii) if the applicant is a body corporate, of
25 each director of the applicant; and".
(2) After section 28(3) of the Principal Act insert--
"(4) Subsection (1)(aa)(ii) does not apply to an
application by a Council, a university or a
TAFE institute.".
561290B.I-3/12/2008 4 BILL LA INTRODUCTION 3/12/2008
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s. 10
(3) After section 32(2)(a) of the Principal Act
insert--
"(ab) list the names, dates of birth and addresses of
the associates--
5 (i) of the proposed transferee; and
(ii) if the proposed transferee is a body
corporate, of each director of the
proposed transferee; and".
(4) After section 32(3) of the Principal Act insert--
10 "(4) Subsection (2)(ab)(ii) does not apply if the
proposed transferee is a Council, a university
or a TAFE institute.".
10 Licence or permit lapses if not endorsed
In section 66 of the Principal Act--
15 (a) in paragraph (d), for "Act--" substitute
"Act; or";
(b) after paragraph (d) insert--
"(e) in the case of a body corporate, is
wound up, or is deregistered under the
20 Corporations Act--".
11 Licence suspension by police
Section 96A(1)(b) of the Principal Act is
repealed.
12 New section 96B inserted
25 After section 96A of the Principal Act insert--
"96B Suspension by Director
(1) The Director, by notice in writing to a
licensee, may suspend the licensee's licence
for a period not exceeding 5 days, if the
30 Director believes on reasonable grounds
that--
561290B.I-3/12/2008 5 BILL LA INTRODUCTION 3/12/2008
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s. 12
(a) the licensee has engaged in conduct that
would constitute grounds for an
application under section 90 for an
inquiry into the licensee; and
5 (b) there is a danger that a person may
suffer substantial harm, loss or damage
as a result of the licensee's conduct
unless the licence is suspended.
(2) The Director cannot suspend a licence under
10 subsection (1) unless the Director--
(a) has served a notice in writing on the
licensee, at least 48 hours before
suspending the licence--
(i) specifying the conduct which the
15 licensee is believed to have
engaged in and the grounds for the
Director's belief; and
(ii) stating the time period within
which the licensee must respond
20 to the notice (being not less than
48 hours after service of the
notice); and
(iii) stating that the Director intends to
suspend the licence, for a
25 specified period, unless the
Director is satisfied with the
licensee's response; and
(b) has considered any response made by
the licensee within the time period
30 specified under paragraph (a)(ii).
561290B.I-3/12/2008 6 BILL LA INTRODUCTION 3/12/2008
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s. 13
(3) The suspension of a licence under this
section--
(a) takes effect when notice of it is given to
the licensee under subsection (1) or at
5 the later time specified in that notice;
and
(b) ceases to have effect at the time
specified in that notice.
(4) A licence may be suspended under this
10 section whether or not--
(a) an application has been made to the
Tribunal--
(i) under section 90 for an inquiry in
respect of the alleged conduct; or
15 (ii) under section 94 or 95 for an order
cancelling or suspending the
licence; or
(b) a breach notice has been served on the
licensee under section 97A.
20 (5) No compensation is payable in respect of any
loss or damage resulting from or arising out
of the suspension of a licence in accordance
with this section.".
13 Breach notices
25 (1) For section 97A(1) and (2) of the Principal Act
substitute--
"(1) The Director may serve a breach notice in
writing on a licensee if the Director believes
on reasonable grounds that the licensee has
30 engaged in conduct that would constitute
grounds for an application under section 90
for an inquiry into the licensee.
561290B.I-3/12/2008 7 BILL LA INTRODUCTION 3/12/2008
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s. 14
(2) A breach notice may be served on a licensee
whether or not--
(a) an application has been made to the
Tribunal--
5 (i) under section 90 for an inquiry in
respect of the alleged conduct; or
(ii) under section 94 or 95 for an order
cancelling or suspending the
licence; or
10 (b) the licensee's licence has been
suspended under section 96B(1) or a
notice has been served on the licensee
under section 96B(2).".
(2) For section 97B(4) and (5) of the Principal Act
15 substitute--
"(4) The variation of a licence under this section
takes effect when notice of it is given to the
licensee or at the later time specified in the
notice.
20 (5) The suspension of a licence under this
section--
(a) takes effect when notice of it is given to
the licensee or at the later time
specified in the notice; and
25 (b) ceases to have effect 7 days after the
day on which it takes effect.".
14 Obligations of owners, mortgagees, licensees and
permittees
In sections 100(e) and 101B(2) of the Principal
30 Act, after "force" insert "or a compliance
inspector".
561290B.I-3/12/2008 8 BILL LA INTRODUCTION 3/12/2008
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s. 15
15 Change of directors and associates
(1) For section 103(3)(a)(ii) of the Principal Act
substitute--
"(ii) a university or a TAFE institute; or".
5 (2) In section 103A of the Principal Act--
(a) subsection (1) is repealed;
(b) in subsection (2), for "The licensee"
substitute "A licensee".
16 Offences in relation to drunken or disorderly
10 patrons
In section 108(5)(a) of the Principal Act, for
"premises; or" substitute "premises; and".
17 Further obligations of owners, mortgagees, licensees
and permittees
15 In the Principal Act--
(a) in section 108A(2), after "force" insert "or a
compliance inspector";
(b) in section 108B(1) and (2), for "within
48 hours after being asked to do so by the
20 member" substitute "or a compliance
inspector within 48 hours after being asked
to do so by the member or inspector";
(c) in section 108B(3), after "member" insert
"or inspector".
25 18 Investigatory powers
(1) In section 126(1) of the Principal Act--
(a) in paragraph (a), after "force" insert "or a
compliance inspector";
(b) after "force" (where secondly occurring)
30 insert ", inspector".
561290B.I-3/12/2008 9 BILL LA INTRODUCTION 3/12/2008
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s. 19
(2) In section 127 of the Principal Act--
(a) after subsection (1)(a) insert--
"(ab) a compliance inspector; or";
(b) in subsection (3), after "force" (where first
5 occurring) insert "or a compliance
inspector";
(c) in subsection (4)--
(i) after "force" insert "or a compliance
inspector";
10 (ii) after "or" (where first occurring) insert
"a member of the police force".
(3) In section 128(1) of the Principal Act--
(a) after "force" insert "or a compliance
inspector";
15 (b) after "member" (where secondly occurring)
insert "or inspector".
19 New sections 129, 130 and 130A substituted and
sections 130B to 130F inserted
For sections 129, 130 and 130A of the Principal
20 Act substitute--
"129 Right of entry
(1) An authorised person may enter and remain
on licensed premises for the purposes of
exercising his or her functions under this
25 Act.
(2) The power of entry may be exercised--
(a) at any time when the premises are open
to the public; or
(b) at any time--
30 (i) if the authorised person
reasonably suspects that the
business of supplying liquor to the
561290B.I-3/12/2008 10 BILL LA INTRODUCTION 3/12/2008
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s. 19
public is being carried on on the
premises; or
(ii) with the written consent of the
occupier.
5 (3) An authorised person who enters premises
under this section is not authorised to remain
on the premises if, on the request of the
occupier of the premises, the authorised
person does not show his or her identity card
10 to the occupier.
(4) Subsection (3) does not apply to an
authorised person who is a member of the
police force if he or she is in uniform.
(5) If an occupier consents to the entry of
15 premises under this section, the authorised
person must give the occupier a copy of the
consent immediately.
(6) A person may not, under this section, enter a
room in licensed premises under a general
20 licence which is occupied by or reserved for
the private use of the licensee or permittee
unless the person--
(a) has first given notice of his or her
intention to the licensee or permittee or
25 (in the absence of the licensee or
permittee) to the person appearing to be
in charge of the licensed premises and
has given the licensee, permittee or
person an opportunity to be present; or
30 (b) has obtained the consent of the
licensee, permittee or person to enter
the room.
(7) A person may not, under this section, enter a
room in licensed premises under a general
35 licence which is occupied by or set apart for
the private use of a resident unless the person
561290B.I-3/12/2008 11 BILL LA INTRODUCTION 3/12/2008
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s. 19
has obtained the consent of the resident to
enter the room.
(8) If, in any proceeding, a written consent is not
produced to the court, it must be presumed,
5 until the contrary is proved, that the occupier
did not consent to the entry.
130 Powers of authorised persons
(1) An authorised person may do any one or
more of the following--
10 (a) require any person in possession of, or
having control of, any document,
equipment or other thing relating to an
activity regulated by this Act to
produce the document, equipment or
15 other thing for inspection and to answer
questions or provide information
relating to the document, equipment or
other thing;
(b) inspect any document, equipment or
20 other thing referred to in paragraph (a);
(c) take copies of, extracts from, or notes
relating to, any document inspected
under paragraph (b);
(d) if the authorised person considers it
25 necessary to do so for the purpose of
obtaining evidence of the commission
of an offence, seize any document,
equipment or other thing;
(e) by written notice require--
30 (i) the holder of a licence or BYO
permit or other authorisation
under this Act; or
(ii) an employee of a person referred
to in subparagraph (i); or
561290B.I-3/12/2008 12 BILL LA INTRODUCTION 3/12/2008
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s. 19
(iii) any other person associated with
operations or their management in
premises the authorised person is
authorised to enter--
5 to attend before the authorised person at
a specified time or place and answer
questions, or to provide information
within a reasonable period specified in
the notice, with respect to any activity
10 regulated by this Act;
(f) examine and test any equipment
referred to in paragraph (a) and order
the person in charge of the equipment
to withdraw it from use if it is
15 unsatisfactory for use;
(g) any other thing authorised by this Act
to be done by an authorised person.
(2) If an authorised person seizes any thing
under this section, it may be retained by the
20 authorised person until the completion of any
proceedings (including proceedings on
appeal) in which it may be evidence but only
if, in the case of a document, the person from
whom the document was seized is provided,
25 within a reasonable time after the seizure,
with a copy of the document certified by an
authorised person as a true copy.
(3) Subsection (2) ceases to have effect in
relation to things seized if, on the application
30 of a person aggrieved by the seizure, the
court in which proceedings referred to in that
subsection are instituted so orders.
(4) A copy of a document provided under
subsection (2) is, as evidence, of equal
35 validity to the document of which it is
certified to be a copy.
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s. 19
130A Power to require names and addresses
(1) An authorised person who exercises a right
of entry to premises under section 129 or
under a search warrant may require a person
5 on the premises to state the person's full
name and residential address.
(2) An authorised person is not authorised to
require a person to state his or her name or
address unless the authorised person--
10 (a) suspects on reasonable grounds that the
person has committed an offence; and
(b) has informed the person, at the time of
stating the requirement, that it is an
offence to fail to comply with the
15 requirement.
(3) A person on being required under subsection
(1) to state his or her full name and
residential address must not--
(a) refuse or fail to give his or her full
20 name and residential address; or
(b) give a false name or address.
Penalty: 20 penalty units.
130B Search warrants
(1) An authorised person may apply to a
25 magistrate for the issue of a search warrant
in relation to particular premises if the
authorised person suspects on reasonable
grounds that--
(a) liquor is supplied on the premises by a
30 person--
(i) who does not hold a licence
authorising the supply; and
561290B.I-3/12/2008 14 BILL LA INTRODUCTION 3/12/2008
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s. 19
(ii) who is required under this Act to
hold such a licence to supply the
liquor; or
(b) in the case of premises occupied by a
5 club in respect of which a licence is not
in force, liquor is supplied or kept for
supply on the premises; or
(c) there is on the premises any document,
equipment or other thing--
10 (i) in relation to which an offence
against this Act or the regulations
has been, is being, or is likely to
be, committed; or
(ii) that may be evidence of the
15 commission of an offence against
this Act or the regulations.
(2) If a magistrate is satisfied by the evidence on
oath, whether oral or by affidavit, that there
are reasonable grounds for suspecting any of
20 the matters referred to in subsection (1), the
magistrate may issue a search warrant
authorising an authorised person named in
the warrant and any assistants the authorised
person considers necessary--
25 (a) to enter the premises, or the part of
premises, named or described in the
warrant; and
(b) to search for and seize any document,
equipment or other thing named or
30 described in the warrant.
(3) In addition to any other requirement, a
search warrant issued under this section must
state--
(a) the offence suspected; and
35 (b) the premises to be searched; and
561290B.I-3/12/2008 15 BILL LA INTRODUCTION 3/12/2008
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s. 19
(c) a description of the thing for which the
search is to be made; and
(d) any conditions to which the warrant is
subject; and
5 (e) whether entry is authorised to be made
at any time or during stated hours; and
(f) a day, not later than 7 days after the
issue of the warrant, on which the
warrant ceases to have effect.
10 (4) A search warrant must be issued in
accordance with the Magistrates' Court Act
1989 and in the form prescribed under that
Act.
(5) The rules to be observed with respect to
15 search warrants mentioned in the
Magistrates' Court Act 1989 extend and
apply to warrants under this section.
(6) An authorised person who is a compliance
inspector may apply for a search warrant
20 under this section only with the prior written
consent of the Director.
130C Announcement before entry
(1) Before executing a search warrant, the
person named in the warrant or a person
25 assisting him or her must--
(a) announce that he or she is authorised by
the warrant to enter the premises; and
(b) give any person at the premises an
opportunity to allow entry to the
30 premises.
(2) The person named in the warrant or a person
assisting him or her need not comply with
subsection (1) if he or she believes on
561290B.I-3/12/2008 16 BILL LA INTRODUCTION 3/12/2008
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s. 19
reasonable grounds that immediate entry to
the premises is required to ensure--
(a) the safety of any person; or
(b) that the effective execution of the
5 search warrant is not frustrated.
130D Copy of warrant to be given to occupier
If the occupier or another person who
apparently represents the occupier is present
at the premises when a search warrant is
10 being executed, the authorised person
must--
(a) identify himself or herself to that
occupier or other person by producing
his or her identity card for inspection
15 by that occupier or other person, unless
the authorised person is a member of
the police force who is in uniform; and
(b) give to that occupier or other person a
copy of the execution copy of the
20 warrant.
130E Offences relating to obstruction of
authorised persons
A person must not--
(a) obstruct, hinder, threaten, abuse or
25 intimidate an authorised person when
the authorised person is performing or
attempting to perform functions under
this Act or the regulations; or
(b) fail, without reasonable excuse, to
30 produce for inspection any document,
equipment or other thing in the
possession or under the control of the
person when required to do so by an
authorised person in the performance of
561290B.I-3/12/2008 17 BILL LA INTRODUCTION 3/12/2008
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s. 19
his or her functions under this Act or
the regulations; or
(c) fail, without reasonable excuse, to
attend before an authorised person and
5 answer questions or supply information
when required to do so by the
authorised person in the performance of
his or her functions under this Act or
the regulations; or
10 (d) except with the permission of an
authorised person, take any document,
equipment or other thing seized,
impounded or retained under the
authority of this Act; or
15 (e) fail to comply with a direction of an
authorised person to cease to have
available for use any equipment
considered by the authorised person to
be unsatisfactory for use; or
20 (f) prevent, directly or indirectly, a person
from attending before an authorised
person, producing to an authorised
person any document, equipment or
other thing or answering any question
25 of, or supplying any information to, an
authorised person when that person is
required to do so under this Act.
Penalty: 60 penalty units.
130F Protection against self-incrimination
30 (1) It is a reasonable excuse for a person to
refuse or fail to answer questions or provide
information that the person is required to
answer or provide by or under this Act if the
answering of the question or provision of the
35 information would tend to incriminate the
person.
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s. 20
(2) It is not a reasonable excuse for a person to
refuse or fail to produce any document,
equipment or other thing that a person is
required to produce by or under this Act on
5 the ground that the production of the
document, equipment or other thing would
tend to incriminate the person.
(3) If the person claims, before producing the
document, equipment or other thing, that
10 production of the document, equipment or
other thing would tend to incriminate them,
the document, equipment or other thing is
not admissible in evidence against the person
in criminal proceedings.".
15 20 Further search and seizure provisions
(1) In section 131 of the Principal Act--
(a) in subsection (1), after "force" insert "or a
compliance inspector";
(b) in subsection (2)--
20 (i) after "force" insert "or a compliance
inspector";
(ii) after "member" (where secondly
occurring) insert "or inspector".
(2) Sections 133, 133A and 133B of the Principal Act
25 are repealed.
(3) For section 133C(2) of the Principal Act
substitute--
"(2) This section does not apply if the person has
been given a copy of the document certified
30 by an authorised person as a true copy of the
document.".
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s. 21
21 Infringement notices
(1) After section 141(1) of the Principal Act insert--
"(1AA) If a compliance inspector has reason to
believe that a person has committed an
5 offence referred to in subsection (2) (other
than subsection (2)(m) or (n)), he or she may
serve an infringement notice on that
person.".
(2) In section 141 of the Principal Act--
10 (a) in subsection (1A), after "subsection (1)"
insert "or (1AA)";
(b) in subsection (2)(ba) omit "to police";
(c) for subsection (2)(l) substitute--
"(l) section 130A(3) (refuse or fail to give
15 name and residential address);".
22 New section 154 substituted
For section 154 of the Principal Act substitute--
"154 Investigations and inquiries by the
Director
20 (1) The Director may investigate any matter
relevant to the operation of this Act,
including the conduct and practices of any
licensee or permittee.
(2) In addition to the Director's powers under
25 subsection (1), the Director may conduct an
inquiry into any matter relevant to the
operation of this Act including an inquiry
into activities regulated by this Act in any
area or locality in the State.
30 (3) For the purpose of an inquiry under
subsection (2), the Director may determine
an area or locality in any manner he or she
thinks fit.
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s. 23
(4) In an inquiry under subsection (2), the
Director may--
(a) call for submissions from interested
organisations and members of the
5 public;
(b) consult with any other persons or
bodies the Director considers
appropriate and seek submissions from
those persons or bodies.
10 (5) The Director must publish notice of an
inquiry in--
(a) the Government Gazette; and
(b) in a newspaper generally circulating in
the area or locality to which the inquiry
15 relates (if applicable).
(6) A notice under subsection (5) must invite the
public to make submissions to the Director
in relation to the inquiry within the time
specified in the notice.
20 (7) The Director must consider submissions
made within the specified time on an inquiry
before concluding the inquiry.
(8) Subject to this section, the Director may
conduct an inquiry in any manner he or she
25 considers appropriate.".
23 New section 155 substituted
For section 155 of the Principal Act substitute--
"155 Delegation
The Director, by instrument, may delegate to
30 a person employed under Part 3 of the
Public Administration Act 2004 in the
administration of this Act any power of the
Director under this Act other than--
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s. 24
(a) a power under Division 7A of Part 2
(late hour entry declarations); or
(b) a power under Division 1 of Part 8A
(declaration of designated areas); or
5 (c) the power to conduct an inquiry under
section 154(2); or
(d) this power of delegation.".
24 New section 156A inserted
After section 156 of the Principal Act insert--
10 "156A Assistance to be provided
The Secretary must ensure that the Director
is provided with any assistance in connection
with the performance of the Director's
functions that the Director reasonably
15 requires.".
25 Licensing inspectors
In section 172(3)(b) of the Principal Act omit
"(within the meaning of the Legal Profession Act
2004)".
20 26 New Division 5 inserted in Part 9
After Division 4 of Part 9 of the Principal Act
insert--
"Division 5--Compliance inspectors
172A Compliance inspectors
25 The Secretary, by instrument, may appoint as
a compliance inspector for the purposes of
this Act a person employed under Part 3 of
the Public Administration Act 2004 who,
in the Secretary's opinion--
30 (a) is competent to perform the functions
of a compliance inspector; and
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s. 26
(b) is of good repute, having regard to
character, honesty and integrity.
172B Criminal record checks
(1) The Secretary may require a person under
5 consideration for appointment as a
compliance inspector to consent to having
his or her photograph and fingerprints taken.
(2) The Secretary must refer a copy of any
photograph and fingerprints and any
10 supporting documentation to the Chief
Commissioner.
(3) The Chief Commissioner must inquire into
and report to the Secretary on matters
relating to whether the person under
15 consideration is of good repute, having
regard to character, honesty and integrity.
(4) The Chief Commissioner must ensure that--
(a) any copies of photographs and
fingerprints and any supporting
20 documentation received under
subsection (2) are destroyed--
(i) within 28 days after they are no
longer required in connection with
the Chief Commissioner's inquiry
25 and report under subsection (3); or
(ii) no later than 6 months from the
date they were received--
whichever is the earlier; and
(b) the person to whom they relate is
30 notified of the destruction as soon as
practicable.
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s. 26
(5) The Secretary must ensure that--
(a) any photographs or fingerprints taken
under subsection (1) are destroyed--
(i) within 28 days after they are no
5 longer required in connection with
the consideration of the person's
appointment as a compliance
inspector; or
(ii) no later than 6 months from the
10 date they were taken--
whichever is the earlier; and
(b) the person to whom they relate is
notified of the destruction as soon as
practicable.
15 172C Identity cards
(1) A compliance inspector is not authorised to
perform the functions of a compliance
inspector unless he or she is in possession of
an identity card in the form approved by the
20 Secretary.
(2) The identity card must bear a photograph and
the signature of the compliance inspector.
(3) Subject to this Act, in the course of
performing a function as a compliance
25 inspector, a compliance inspector must, if
requested to do so by a person affected by
the performance of that function, produce the
inspector's identity card for inspection by the
person unless to do so would defeat the
30 purpose for which the functions are to be
exercised.
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s. 27
172D General functions of compliance
inspectors
(1) A compliance inspector has the functions
and powers conferred on him or her by this
5 Act.
(2) In addition to his or her other functions and
powers, a compliance inspector--
(a) may bring proceedings for offences
against this Act or the regulations with
10 the prior approval of the Director; and
(b) may appear personally or by an
Australian lawyer in any proceedings
under this Act or the regulations.".
27 Repeal of Act
15 This Act is repealed on 1 January 2011.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561290B.I-3/12/2008 26 BILL LA INTRODUCTION 3/12/2008
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