Victorian Current Acts

BUILDING ACT 1993 - SECT 228J

    (1)     Despite any other power of entry under this Subdivision, an authorised person may enter a building or land without a search warrant at any time if—

        (a)     the safety of the public or the occupants of the building or land is at risk; or

        (b)     an emergency order under Part 8 applies to the building or land; or

        (c)     an emergency plumbing order under section 221ZZF applies to the building or land.

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

Note

Under section 229H an authorised person may also request the assistance of a member of the police force.

    (3)     If an authorised person, after entering a building or land under subsection (1), considers that a thing in or on the building or land presents a risk to the life, safety or health of any person or poses a risk of significant damage to any property the authorised person may do all or any of the following—

        (a)     seize the thing;

        (b)     secure the seized thing against interference;

        (c)     require the occupier to remove the thing;

S. 228J(3)(d) amended by No. 46/2018 s. 66(1).

        (d)     examine, take and keep samples of the thing;

S. 228J(3)(e) inserted by No. 46/2018 s. 66(2).

        (e)     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. 228J(3)(f) inserted by No. 46/2018 s. 66(2).

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

    (4)     In addition to the powers under subsection (3), if the authorised person believes on reasonable grounds that it is necessary to do so, the authorised person may do all or any of the following—

        (a)     in the case of any document in or on the building or land—

              (i)     require a person to produce the document for examination;

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

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

        (b)     make any still or moving image, audio image or audiovisual recording.

    (5)     If an authorised person exercises a power of entry under this section in the absence of the owner or occupier the authorised person must, if reasonably practicable, 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 at 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.

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