Victorian Current Acts

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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.3G

Entry and search of relevant premises with consent if alleged contravention

    (1)     If an authorised officer believes, on reasonable grounds, that a person has contravened a relevant law and that there may be evidence of the alleged contravention at any relevant premises, the officer, with the consent of the occupier of the premises, may, subject to this section—

        (a)     enter and search the premises;

        (b)     seize and take any thing found on the premises, which the officer believes on reasonable grounds, to be connected with the alleged contravention;

        (c)     in the case of any document on the premises, if the officer believes, on reasonable grounds, that it is connected with the alleged contravention, the officer may do all or any of the following—

              (i)     require the document to be produced for examination;

              (ii)     examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts to be done on the premises or elsewhere;

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

        (d)     make any still or moving image or audio‑visual recording that the officer believes, on reasonable grounds, is necessary for the purpose of establishing the alleged contravention;

        (e)     use any assistants the officer considers necessary to exercise the powers conferred by this section.

    (2)     Before requiring a person to comply with a requirement to assist the authorised officer in the exercise of a power under subsection (1) the officer must—

        (a)     warn the person that a refusal or failure to comply with the requirement, without reasonable excuse, is an offence; and

        (b)     warn the person that it is an offence to hinder, obstruct or delay an authorised officer in the exercise of a power under subsection (1); and

        (c)     inform the person of the effect of section 5.8.3S.

    (3)     An authorised officer must not enter, or exercise a power under subsection (1) in, any part of relevant premises that is used for residential purposes.

S. 5.8.3H inserted by No. 71/2010 s. 44.



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