Victorian Consolidated Legislation

Second-Hand Dealers and Pawnbrokers Act 1989 - SECT 26J

Entry or search with consent

26J. Entry or search with consent



(1) For the purpose of monitoring compliance with this Act or the regulations
in relation to pawnbrokers, an inspector, with the consent of the occupier of
the premises, may-

   (a)  enter and search any premises;

   (b)  seize anything found on the premises which the inspector believes on
        reasonable grounds to be connected with a contravention of this Act or
        the regulations in relation to pawnbrokers;

   (c)  examine and take and keep samples of any goods found on the premises
        which the inspector believes on reasonable grounds to be connected
        with a contravention of this Act or the regulations in relation to
        pawnbrokers;

   (d)  inspect and make copies of, or take extracts from, any document found
        on the premises.

(2) 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.

(3) If an occupier consents to an entry and search, the inspector who
requested consent must, before entering the premises, ask the occupier to sign
an acknowledgment stating-

   (a)  that the occupier has been informed of the purpose of the search and
        that anything seized or taken in the search with the consent of the
        occupier may be used in evidence in proceedings; and

   (b)  that the occupier has been informed that he or she may refuse to give
        consent to the entry and search or to the seizure of anything or to
        the taking of any sample, copy or extract; and

   (c)  that the occupier has consented to such an entry and search; and

   (d)  the date and time that the occupier consented.

(4) If an occupier consents to the seizure or taking of any thing during a
search under this section, the inspector must before seizing or taking the
thing ask the occupier to sign an acknowledgment stating-

   (a)  that the occupier has consented to the seizure or taking of the thing;
        and

   (b)  the date and time that the occupier consented.

(5) An occupier who signs an acknowledgment must be given a copy of the signed
acknowledgment before the inspector leaves the premises.

(6) If, in any proceeding, an acknowledgment is not produced to the court or a
tribunal, it must be presumed, until the contrary is proved, that the occupier
did not consent to the entry and search or to the seizure or taking of the
thing.