Victorian Consolidated Legislation

Valuation of Land Act 1960 - SECT 3A

Access to lands, buildings etc.

3A. Access to lands, buildings etc.







(1) The valuer-general the deputy valuer-general and any valuer appointed or
employed pursuant to the provisions of this Act or the
Local Government Act 1989 may, when reasonably necessary for the purposes of
any valuation, enter at all reasonable hours in the daytime into and upon any
land building or premises and inspect the same without liability for trespass,
may put either verbally or in writing to the owner or his agent or the person
in occupation or charge of that land building or premises any relevant
questions to enable the making of a true and correct valuation, and may, in
the case of a valuation made pursuant to paragraph (a) or (b) of subsection
(5) of section 3, inspect any books documents and papers for the purpose of
such valuation and without charge take extracts therefrom.

(2) If after being informed of the purpose in desiring to enter and inspect
the land building or premises or in putting the questions or in seeking to
inspect such books documents or papers relevant to the making of a true and
correct valuation, and of the authority so to do, any such owner agent or
person refuses or fails to allow such entry or inspection, or refuses or
wilfully omits to answer to the best of his knowledge or belief any such
question either verbally or in writing as the questioner may have requested,
or wilfully makes any false answer or statement in reply to that question, or
refuses to allow such books documents or papers to be inspected or extracts
taken therefrom, he shall be guilty of an offence against this Act and liable
to a penalty not exceeding 2 penalty units.

(3) Every person appointed or employed pursuant to section 3 for the purposes
of this Act-







   (a)  shall maintain and aid in maintaining the secrecy of all matters
        related to any information obtained or documents created by the
        valuer-general for the purpose of providing valuation advice and shall
        not communicate any such matter to any person whomsoever except for
        the purposes of this Act; and

   (b)  shall take such oath of fidelity and secrecy as may be prescribed, and
        the oath may be administered by the valuer-general the deputy
        valuer-general or a magistrate.

(4) A person required under this section to take an oath who acts in the
execution of the provisions of subsection (3) before he has taken such oath
shall be guilty of an offence against this Act and liable to a penalty not
exceeding 4 penalty units.

(5) A person required under this section to take an oath who wilfully acts in
contravention of the true intent of such oath shall be guilty of an offence
against this Act and liable to a penalty not exceeding 10 penalty units or
imprisonment not exceeding 12 months or both.

(6) Despite subsection (3), the Secretary of the Department administering this
Act has access to any material that is-

   (a)  required by the Secretary for the purposes of the
        Freedom of Information Act 1982; and

   (b)  prepared under or for the purposes of this Act.