Victorian Consolidated Legislation

Children's Services Act 1996 - SECT 38

Offence related search and seizure at licensed premises

38. Offence related search and seizure at licensed premises



(1) If an authorised officer has reasonable grounds for suspecting that there
is on any of the following premises a particular thing that may be evidence of
a commission of an offence against this Act, the authorised officer may
exercise powers under this section-

   (a)  a licensed premises where a children's service is operating;

   (b)  premises in respect of which an approval of premises has been granted;

   (c)  any part of a family day carer's residence that is used to provide
        care or education to children on behalf of a family day care service;

   (d)  any other premises approved by the Secretary that is used to provide
        care or education by a family day carer on behalf of a family day care
        service;

   (e)  the principal office of a family day care service.

(2) The authorised officer, with any necessary assistants, may with or without
the consent in writing of the occupier of the premises, enter the premises and
search for the thing without applying for a search warrant.

(3) If the thing is found during a search under subsection (2), the Secretary
or authorised officer may-

   (a)  inspect and take photographs or video recordings, or make sketches, of
        the premises or thing;

   (b)  seize the thing if the authorised officer believes on reasonable
        grounds that it is necessary to seize it in order to prevent its
        concealment, loss or destruction.