Victorian Consolidated Legislation

Accident Compensation (WorkCover Insurance) Act 1993 - SECT 70

Warrants to enter and search

70. Warrants to enter and search



(1) If a magistrate is satisfied, by the evidence on oath or by affidavit of
the Authority, that there is reasonable ground for suspecting that there are
on particular premises any books which are relevant to the assessment of a
premium the magistrate may issue a warrant authorising any member of the
police force together with any other person named in the warrant-

   (a)  to enter those premises (using such force as is necessary for the
        purpose);

   (b)  to search the premises and to break open and search any cupboard,
        drawer, chest, trunk, box, package or other receptacle, whether a
        fixture or not, in the premises;

   (c)  to take possession of, or secure against interference, any books that
        appear to be relevant to the assessment of a premium; and

   (d)  to deliver any books, possession of which is so taken, into the
        possession of the Authority or a person authorised by the Authority to
        receive them.

(2) Every warrant under subsection (1) may be in the prescribed form and must
not be granted except in accordance with subsection (1).

(3) Where, under this section, a person takes possession of, or secures
against interference, any books, that person or any person to whose possession
they are delivered under subsection (1)(d)-

   (a)  may make copies of, or take extracts from, the books;

   (b)  may retain possession of the books for such period as is necessary to
        enable them to be inspected, and copies of, or extracts from, them to
        be made or taken, by or on behalf of the Authority; and

   (c)  during that period must permit a person who would be entitled to
        inspect any one or more of those books if they were not in the
        possession of the first-mentioned person to inspect at all reasonable
        times such of those books as that person would be so entitled to
        inspect.

(3A) If the Authority considers that it may be necessary to prove the physical
properties of any books or of the contents of any books of which possession
has been retained under subsection (3)(b) in any criminal proceedings, the
Authority may apply to the magistrate who issued the warrant under subsection
(1) for an order authorising the Authority to retain possession of the books
specified in the order until the criminal proceedings are concluded.

(3B) If the magistrate is satisfied that there is reasonable ground to believe
that the physical properties of the books or of the contents of the books are
material evidence in the proposed criminal proceedings, the magistrate may
make the order specified in subsection (3A).

(3C) For the purposes of subsections (3A) and (3B), physical properties
includes, but is not limited to-

   (a)  whether or not the books or any of the contents of the books have been
        forged or tampered with;

   (b)  whether or not there are finger prints on the books which establish
        who had physical possession of the books before the books were seized
        under this section;

   (c)  whether or not handwriting in any of the books belongs to a particular
        person.

(4) Every person who-

   (a)  refuses to permit any such search or seizure as is referred to in this
        section to be made; or

   (b)  assaults, opposes, molests or obstructs any person employed or acting
        in the execution or under the authority of such warrant or aiding or
        assisting in the execution thereof-

is liable to a penalty not exceeding 100 penalty units.