Victorian Consolidated Legislation

Associations Incorporation Act 1981 - SECT 37E

Inspector's powers of entry

37E. Inspector's powers of entry



(1) An inspector may enter any place and may search for and seize any relevant
documents or anything that the inspector believes on reasonable grounds to be
connected with an offence against this Act that is found on or in the place,
if the entry, search and seizure are made-

   (a)  with the consent of the occupier after the inspector has-

   (i)  informed the occupier of the purpose of the search; and

   (ii) informed the occupier that anything seized during the search may be
        used in evidence in court; and

   (iii) informed the occupier that the occupier may refuse to give consent to
        the entry and search; and

   (iv) produced his or her identity card for inspection; or

   (b)  in accordance with a warrant issued under section 37F.



(2) If an occupier consents to an entry and search, the inspector who
requested consent must ask the occupier to sign an acknowledgment in the
prescribed form stating-

   (a)  that the occupier has been informed of the purpose of the search and
        that anything seized in the search may be used in evidence in court;
        and

   (b)  that the occupier has been informed that he or she may refuse to give
        consent to the entry and search; and

   (c)  that the occupier has consented to such an entry and search; and

   (d)  the date and time that the occupier consented.

(3) An occupier who signs an acknowledgment must be given a copy of the signed
acknowledgment immediately.

(4) If, in any proceeding, an acknowledgment is not produced to the court, it
must be presumed, until the contrary is proved, that the occupier did not
consent to an entry and search.