Victorian Consolidated Legislation

Equipment (Public Safety) Act 1994 - SECT 14B

Power to require production of documents etc.

14B. Power to require production of documents etc.



(1) An inspector who enters a place under this Division may-

   (a)  require a person to produce a document or part of a document located
        at the place that is in the person's possession or control; and

   (b)  examine that document or part; and

   (c)  require a person at the place to answer any questions put by the
        inspector.

(2) A person must not, without reasonable excuse, refuse or fail to comply
with a requirement under subsection (1).

Penalty: 60 penalty units for a natural person; 300 penalty units for a body
corporate.

(3) Before requiring a person to produce a document or part of a document or
to answer questions under subsection (1), an inspector-

   (a)  must produce his or her identity card for inspection by the person and
        warn the person that a refusal or failure to comply with the
        requirement, without reasonable excuse, is an offence; and

   (b)  must inform the person that he or she may refuse or fail to answer any
        question if answering the question would tend to incriminate him or
        her.









(4) A person is not liable to be prosecuted for an offence against subsection
(2) if the inspector concerned failed to comply with subsection (3).

Notes 1. The powers conferred by this section are limited in respect of a part
of a place that is used only for residential purposes (see section 17). 2.
This section does not affect legal professional privilege (see section 23A)
or, in the case of a requirement to answer questions, the privilege against
self-incrimination (see section 23).