Victorian Consolidated Legislation

Coroners Act 1985 - SECT 41

Powers of entry, inspection and possession

41. Powers of entry, inspection and possession



(1) A coroner who has jurisdiction to investigate a fire may, with any help
thought fit-

   (a)  enter and inspect any place and any thing in it; and

   (b)  take a copy of any document relevant to the investigation; and

   (c)  take possession of any thing which the coroner reasonably believes is
        relevant to the investigation and keep it until the investigation is
        finished.

(2) A coroner may only exercise those powers if the coroner reasonably
believes it is necessary for the investigation.





(3) A coroner may, if the coroner reasonably believes it is necessary for the
investigation, in writing authorize a member of the police force to do any one
or more of the following at or between specified times during a specified
period (not exceeding one month after the authority is given)-

   (a)  to enter a specified place;

   (b)  to inspect a specified place and any thing in it;

   (c)  to take a copy of specified documents or classes of documents;

   (d)  to take possession of specified things or classes of things.

(4) A member of the police force must not exercise a power under an authority
unless the member has given a copy of the authority to the owner or occupier
of the place or the person in possession of the document or thing inspected,
copied or taken.

(5) A coroner may release any thing kept under subsection (1)(c) and may
require a person to whom the thing is released to give an undertaking to
comply with any reasonable conditions of release.

(6) A person must comply with an undertaking concerning release.

Penalty applying to this subsection: 10 penalty units. _______________