Victorian Consolidated Legislation

Fundraising Appeals Act 1998 - SECT 46

Searches to monitor compliance with this Act

46. Searches to monitor compliance with this Act



(1) In this section, relevant premises means any premises-

   (a)  on or from which it appears a fundraising appeal is being conducted or
        administered; or

   (b)  that an inspector believes, on reasonable grounds, contains any record
        or account that is required to be kept by this Act, or any document
        that indicates whether or not this Act has been complied with.

(2) An inspector may enter any relevant premises at any reasonable hour in the
daytime and at any time that the premises is open for business and may-

   (a)  inspect the premises and any thing on the premises;

   (b)  search for any evidence of any contravention of this Act;

   (c)  make copies of, or take extracts from, any document kept on the
        premises;



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

   (e)  use any assistants the inspector considers necessary to exercise the
        powers conferred by this section.

(3) An inspector may exercise powers under this section only to the extent
that it is reasonably necessary to do so for the purpose of determining
compliance with this Act.

(4) An inspector may not continue to exercise any powers under this section if
she or he fails to produce, on request, her or his identity card for
inspection by the occupier of the land.

(5) An inspector may not, under this section, enter a residence unless the
occupier of the residence has consented in writing to the entry and the
carrying out of a search.