Victorian Consolidated Legislation

Evidence Act 1958 - SECT 19E

Powers of entry, inspection and possession

19E. Powers of entry, inspection and possession



(1) If the commissioners of a commission reasonably consider it necessary for
the purposes of the commission, a commissioner, with such assistance as he or
she thinks fit-

   (a)  may enter and inspect any place and any document or thing in that
        place; and

   (b)  may make a copy of any document relevant, or that the commissioner
        reasonably considers may be relevant, to the commission; and

   (c)  may take possession of any document or thing which the commissioner
        considers relevant to the commission and may keep it until the
        commission has completed its inquiry and report.

(2) If the commissioners of a commission reasonably consider it necessary for
the purposes of the commission, a commissioner may, in writing, authorise 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 document or thing in that place;

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

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

(3) A member of the police force must not exercise a power under an authority
under subsection (2), unless the member has given a copy of the authority to
the owner or occupier or the person in possession of the document or thing to
be inspected, copied or taken.

(4) A commissioner may release any document or thing kept under subsection
(1)(c) or (2)(d) and may require a person to whom the document or thing is
released to give an undertaking to comply with any reasonable conditions of
release.

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

Penalty: 10 penalty units.