Victorian Current Acts

BUILDING ACT 1993 - SECT 228O

    (1)     A search warrant issued under section 228M(2) authorises an authorised person named in the warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize or take a sample of any thing which is not of the kind described in the warrant if—

        (a)     the authorised person believes on reasonable grounds that the thing—

              (i)     is of a kind which could have been included in a search warrant issued under section 228M(2); and

              (ii)     will afford evidence about a contravention of this Act or the regulations; and

        (b)     in the case of the seizure of a thing, the authorised person believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the contravention of this Act.

S. 228O(2) inserted by No. 46/2018 s. 69.

    (2)     If a thing seized or sampled by an authorised person under subsection (1) is a building product or material, the authorised person may—

        (a)     conduct, in accordance with the regulations (if any), destructive testing on the building product or material; or

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

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