Victorian Consolidated Legislation

First Home Owner Grant Act 2000 - SECT 42

Powers of entry and inspection

42. Powers of entry and inspection



(1) An authorised officer may, for the purposes of an authorised
investigation, exercise any of the following powers-

   (a)  inspect premises and any thing found at the premises;

   (b)  require a person to produce a document relevant to the investigation
        for inspection and (if necessary) to operate a computer or other
        device in which information is stored to produce a document in
        understandable form;

   (c)  retain a document for inspection, to make a copy of it, or to take
        extracts from it;

   (d)  require a person to answer questions relevant to the investigation;

   (e)  require a person to give the authorised officer other assistance that
        may be reasonable in the circumstances to carry out the authorised
        investigation.

(2) An authorised officer may enter premises for the purposes of an authorised
investigation-

   (a)  with the consent of the occupier; or

   (b)  on the authority of a warrant issued under section 43.

(3) An occupier who consents in writing to entry and inspection of his or her
premises under this section must be given a copy of the signed consent
immediately.

(4) An authorised officer may not exercise any powers under this section if
the authorised officer fails to produce, on request, his or her identity card
issued under the Taxation Administration Act 1997 for inspection by the
occupier of the premises.

(5) An authorised officer may be accompanied by any assistants the authorised
officer reasonably requires to carry out an authorised investigation.

(6) A person must not-

   (a)  hinder or obstruct an authorised officer who is carrying out an
        authorised investigation or a person assisting the authorised officer;
        or

   (b)  use abusive, threatening or insulting language to an authorised
        officer who is carrying out an authorised investigation or a person
        assisting an authorised officer; or

   (c)  refuse or fail, without reasonable excuse, to comply with a
        requirement made by an authorised officer in the exercise of powers
        conferred by this section; or

   (d)  answer a question put by an authorised officer under this section
        knowing that the answer is false or misleading.

Penalty: 60 penalty units in the case of a natural person; 120 penalty units
in the case of a body corporate.