Victorian Current Acts

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Power to require production of documents and answers to questions

S. 100(1) amended by No. 48/2017 s. 18(2).

    (1)     An inspector who enters a place under this Division may do any or all of the following—

S. 100(1)(a) amended by No. 48/2017 s. 18(3).

        (a)     require a person to produce a document or part of a document; and

        (b)     examine that document or part; and

        (c)     require a person at the place to answer any questions put by the inspector.

    (2)     A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1).

Penalty:     60 penalty units for a natural person;

300 penalty units for a body corporate.

    (3)     Before requiring a person to produce a document or part of a document or to answer questions under subsection (1), an inspector

        (a)     must produce his or her identity card for inspection by the person and warn the person that a refusal or failure to comply with the requirement, without reasonable excuse, is an offence; and

        (b)     must inform the person that he or she may refuse or fail to answer any question if answering the question would tend to incriminate him or her.

    (4)     A person is not liable to be prosecuted for an offence against subsection (2) if the inspector concerned failed to comply with subsection (3).


1     The powers conferred by this section are limited if all or part of the place is used only for residential purposes (see section 107).

Note 2 to s. 100(4) amended by No. 69/2009 s. 54(Sch. Pt 1 item 40.1).

2     This section does not affect legal professional privilege or client legal privilege (see section 155) or, in the case of a requirement to answer questions, the privilege against self-incrimination (see section 154).

S. 100(5) inserted by No. 48/2017 s. 18(4).

    (5)     Despite section 7 of the Criminal Procedure Act 2009 , a proceeding for an offence against this section must be commenced within 12 months after the date on which the Authority becomes aware that an offence has been committed.

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