Western Australian Consolidated Acts

VOCATIONAL EDUCATION AND TRAINING ACT 1996 - SECT 61C

61C .         Entry warrant for a place

        (1)         A VET inspector may apply to a JP for an entry warrant authorising the entry of a place, including a dwelling, for the purpose of investigating any matter the inspector is authorised to investigate.

        (2)         A VET inspector may apply for an entry warrant for a place even if the inspector has not asked the occupier for consent to enter the place.

        (3)         The application must be made in accordance with the Criminal Investigation Act 2006 section 13.

        (4)         The application must —

            (a)         describe with reasonable particularity the place to be entered; and

            (b)         state —

                  (i)         that the VET inspector suspects the place is a place where vocational education and training is provided and the grounds for the suspicion; or

                  (ii)         that the VET inspector suspects there are records at the place that relate to the provision of vocational education and training and the grounds for the suspicion;

                and

            (c)         state the purposes for which entry to the place is wanted; and

            (d)         state for how long the inspector believes the warrant should remain in force.

        (5)         On such an application, a JP may issue an entry warrant authorising the entry of a place for the purpose of investigating any matter the inspector is authorised to investigate if satisfied that, in respect of the matters in subsection (4) on which the applicant is required to have a suspicion, there are reasonable grounds for the applicant to have that suspicion.

        (6)         An entry warrant must contain this information —

            (a)         a reasonably particular description of the place to which it relates;

            (b)         the period, not exceeding 7 days, in which it may be executed;

            (c)         the date and time when it was issued.

        (7)         Under an entry warrant issued to a VET inspector, the inspector, with any assistance that is reasonably necessary in the circumstances, may do any or all of the following —

            (a)         using any force that is reasonably necessary, enter, inspect and search the place described in the warrant for the purpose of investigating any matter the inspector is authorised to investigate;

            (b)         read and seize or copy any record the inspector suspects on reasonable grounds is or may be relevant to the matter being investigated;

            (c)         for the purposes of paragraph (b) —

                  (i)         make reasonable use of any equipment, facilities or services in the place that are needed; and

                  (ii)         direct an occupier of the place to do anything that is reasonable and necessary to facilitate that use.

        (8)         A person who is given a direction under subsection (7)(c)(ii) must obey it.

        Penalty: a fine of $5 000.

        [Section 61C inserted by No. 44 of 2008 s. 40.]