Victorian Consolidated Legislation

Funerals Act 2006 - SECT 57

Offence-related searches and seizures

57. Offence-related searches and seizures



(1) An inspector may only exercise powers under this section if he or she has
reasonable grounds for suspecting that there is on any premises a particular
thing that may be evidence of the commission of an offence against this Act.

(2) Subject to subsection (3), an inspector, with any assistants he or she
considers necessary, may with the consent in writing of the occupier of the
premises, enter the premises and search for a thing referred to in subsection
(1) without applying for a search warrant.

(3) An inspector must not enter and search any premises with the consent of
the occupier unless, before the occupier consents to that entry, the inspector
has-

   (a)  produced his or her identity card for inspection; and

   (b)  informed the occupier-

   (i)  of the purpose of the search; and

   (ii) that the occupier may refuse to give consent to the entry and search
        or to the seizure of anything found during the search; and

   (iii) that the occupier may refuse to consent to the taking of any sample
        of goods or any copy or extract from a document found on the premises
        during the search; and





   (iv) that anything seized or taken during the search with the consent of
        the occupier may be used in evidence in proceedings.

(4) If a thing referred to in subsection (1) is found during a search under
subsection (2), the inspector may-

   (a)  inspect any thing on the premises;

   (b)  inspect, and make copies of, or take extracts from, the thing;

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