Victorian Current Acts

BUILDING ACT 1993 - SECT 228E

    (1)     For the purposes of determining whether this Act or the regulations are being complied with or for assisting in the enforcement of the safety of buildings and of building and plumbing standards under this Act, an authorised person may enter and search any building or land at which the authorised person believes on reasonable grounds—

        (a)     a person is conducting a business relating to the building industry or plumbing industry; or

        (b)     a person is keeping a record or document that—

              (i)     is required to be kept by this Act or the regulations; or

              (ii)     may show whether or not this Act or the regulations are being complied with; or

        (c)     building work or plumbing work is being, or has been, carried out.

    (2)     A power under subsection (1) must not be exercised in or on any part of a building that is used for residential purposes unless the authorised person obtains the consent of the occupier of the building.

    (3)     An authorised person may enter and search a building or land under subsection (1) with the assistance of any person necessary to provide technical assistance to the authorised person.

    (4)     An authorised person who enters and searches any building or land under this section may do all or any of the following—

        (a)     examine any thing found in or on the building or land;

        (b)     examine any building work or plumbing work that has or is being carried out in or on the building or land;

        (c)     seize any thing found in or on the building or land or secure any thing found in or on the building or land against interference, if the authorised person believes on reasonable grounds that the thing is connected with a contravention of this Act or the regulations;

        (d)     take and keep samples of any thing found in or on the building or land, if the authorised person believes on reasonable grounds that the thing is connected with a contravention of this Act or the regulations;

S. 228E(4)(da) inserted by No. 46/2018 s. 65.

        (da)     conduct, in accordance with the regulations (if any), destructive testing on a building product or material examined in or on the building or land,     if the authorised person believes on reasonable grounds that the use of the building product or material is connected with a contravention of this Act or the regulations;

S. 228E(4)(db) inserted by No. 46/2018 s. 65.

        (db)     arrange, in accordance with the regulations (if any), for destructive testing to be conducted by a prescribed testing authority on any building product or material seized or sampled from the building or land;

        (e)     require a person to produce any document in or on the building or land for examination and, if the authorised person believes on reasonable grounds that the document is connected with an alleged contravention of this Act or the regulations—

              (i)     examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts; and

              (ii)     remove the document for so long as is reasonably necessary to make copies or take extracts from the document;

        (f)     make any still or moving image, audio recording or audiovisual recording;

        (g)     bring any equipment onto or into the building or land that the authorised person believes on reasonable grounds is necessary for the examination or processing of things found at the building or land in order to determine whether they are things that may be seized under this section;

        (h)     require by written notice any of the following persons to attend any inspection of plumbing work or building work under this section that was carried out or supervised by that person—

              (i)     a person who is or was a licensed or registered plumber;

              (ii)     a person who is or was a registered building practitioner;

              (iii)     a person to whom a certificate of consent was issued under Division 3A of Part 3.

    (5)     An authorised person exercising the power under subsection (4)(h) may require a person to attend an inspection at a mutually agreed time or if a time is not mutually agreed to at a reasonable time.

    (6)     A power under subsection (1) relating to a building or land (other than a building used for residential purposes) must be exercised—

        (a)     between the hours of 8 a.m. to 6 p.m.; or

        (b)     when a business conducted at the building or land is open for business; or

        (c)     when building work or plumbing work is being carried out at the building or land; or

        (d)     at any other time with the written consent of the occupier of the building or land.

    (7)     If an authorised person exercises a power of entry under this section without the owner or occupier being present the authorised person must, on leaving the building or land, leave a notice setting out—

        (a)     the time of entry; and

        (b)     the purpose of entry; and

        (c)     a description of things done while in or on the building or land; and

        (d)     the time of departure; and

        (e)     the procedure for contacting the authorised person for further details of the entry.

    (8)     A notice under subsection (7) may be in a form approved by the Authority.

S. 228F inserted by No. 21/2017 s. 46.