Victorian Consolidated Legislation

Outworkers (Improved Protection) Act 2003 - SECT 44

Entry with Court order

44. Entry with Court order



(1) On the ex parte application of a person who holds a permit, the Court may
by order waive the requirement to give the occupier of premises notice of an
intention to enter premises, or exercise powers, under section 41 or 42, if
the Court is satisfied that to give such notice would defeat the purpose for
which the power is intended to be exercised.

(2) Before entering premises in accordance with a Court order under subsection
(1), the person seeking entry must-

   (a)  announce that he or she is authorised by the order to enter the
        premises; and

   (b)  give any person at the premises an opportunity to allow entry to the
        premises.

(3) The person seeking entry need not comply with subsection (2) if he or she
believes on reasonable grounds that immediate entry to the premises is
required to ensure-

   (a)  the safety of any person; or

   (b)  that an effective entry is not frustrated.

(4) If the occupier or another person who apparently represents the occupier
is present at the premises when entry under a Court order is being made, the
person entering must-

   (a)  identify himself or herself to the occupier or person representing the
        occupier by producing his or her permit for inspection; and

   (b)  give the occupier or person representing the occupier a copy of the
        order.