Victorian Consolidated Legislation

Introduction Agents Act 1997 - SECT 44A

Entry without consent or warrant

44A. Entry without consent or warrant



(1) For the purpose of monitoring compliance with this Act or the regulations
or an order made by a court or tribunal under this Act or the regulations, an
inspector may, subject to subsection (2)-

   (a)  enter and search any premises at which the inspector believes, on
        reasonable grounds-

   (i)  a person is conducting a business or supplying goods or services; or

   (ii) a person is keeping a record or document that is required to be kept
        by this Act or the regulations or that may show whether or not this
        Act or the regulations are being complied with;

   (b)  examine anything found on the premises;

   (c)  take and keep samples of anything found on the premises if the
        inspector believes, on reasonable grounds, that it is connected with a
        contravention of this Act or the regulations;



   (d)  seize anything found on the premises or secure anything found on the
        premises against interference, if the inspector believes, on
        reasonable grounds, that it is connected with a contravention of this
        Act or the regulations;

   (e)  examine and test any equipment found on the premises that is of a kind
        used in connection with the supply of goods or services;

   (f)  in the case of any document on the premises, do all or any of the
        following-

   (i)  require the document to be produced for examination;

   (ii) examine, make copies or take extracts from the document, or arrange
        for the making of copies or the taking of extracts to be done on the
        premises or elsewhere;

   (iii) remove the document for so long as is reasonably necessary to make
        copies or take extracts from the document;

   (g)  make any still or moving image or audio-visual recording;

   (h)  bring any equipment onto the premises that the inspector believes, on
        reasonable grounds, is necessary for the examination or processing of
        things (including documents) found at the premises in order to
        determine whether they are things that may be seized under this
        section.

(2) An inspector-

   (a)  must not exercise a power under subsection (1) in any part of the
        premises that is used for residential purposes; and

   (b)  must not exercise a power under subsection (1), except between the
        hours of 9 a.m. to 5 p.m., or when the premises are open for business.

(3) If an inspector exercises a power of entry under this section without the
owner or occupier being present the inspector must, on leaving the premises,
leave a notice setting out-

   (a)  the time of entry; and

   (b)  the purpose of entry; and

   (c)  a description of things done while on the premises; and

   (d)  the time of departure; and

   (e)  the procedure for contacting the Director for further details of the
        entry.