Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 61BC

Power to seize documents or things at public authority premises

61BC. Power to seize documents or things at public authority premises



(1) An authorised officer who exercises a power of entry under section 61BB
may seize a document or thing at the premises if the authorised officer
reasonably suspects that-

   (a)  the document or other thing is relevant to an investigation; and

   (b)  if the document or other thing is not immediately seized-

   (i)  it may be concealed or destroyed; or

   (ii) its forensic value may be diminished.

(2) An authorised officer must not seize a document or thing under subsection
(1) if-

   (a)  a person at the premises claims that the document or thing is the
        subject of legal professional privilege; or

   (b)  no claim is made that the document or thing is the subject of legal
        professional privilege but-

   (i)  it appears to the authorised officer that the document or thing may be
        the subject of legal professional privilege; and

   (ii) it does not appear to the authorised officer that the person entitled
        to the benefit of that privilege has consented to the seizure. Note
        Section 61BE sets out the procedure to be followed if the authorised
        officer wants to seize a document or thing that may be the subject of
        legal professional privilege.

(3) A document or other thing seized under this section cannot be used for the
purposes of any investigation until-

   (a)  the period for making an application under section 61BG for return of
        the document or thing has expired; or

   (b)  if an application is made within that period-the application and any
        appeal in relation to it have been finally determined.