Victorian Consolidated Legislation

Dangerous Goods Act 1985 - SECT 16

Places used for residential purposes

16. Places used for residential purposes



(1) Despite anything else in this Part, the powers of an inspector under this
Part in relation to entering a place are not exercisable in respect of any
part of a place that is used only for residential purposes except-

   (a)  with the consent of the occupier for the time being of the place; or

   (b)  under the authority conferred by a search warrant.

(2) For the purposes of subsection (1), any common property in a subdivision
of land is not a place used only for residential purposes.

Examples: Examples of common property include a storeroom associated with a
swimming pool at an apartment building (at which, for instance, chlorine might
be stored); a cleaner's cupboard under the stairs of a block of flats; and a
room containing heating or cooling equipment for an apartment building.

(3) For the purposes of subsection (1), a place is not being used for
residential purposes merely because temporary or casual sleeping or other
accommodation is provided in the place for vehicle drivers.

Example The sleeping area in the rear of a truck's cabin is not a place being
used for residential purposes.

Division 7-Return and forfeiture of seized things