Victorian Current Acts

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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 75

Entry into residential premises by transport safety officer or police restricted

Despite anything else in this Part or Division 4B of Part VII of the Transport (Compliance and Miscellaneous) Act 1983 , the powers of a transport safety officer under this Part or Division 4B of Part VII of the Transport (Compliance and Miscellaneous) Act 1983 or a police officer in relation to entering a place are not exercisable in respect of any part of a place that is used only for residential purposes except—

        (a)     with the consent of the person with control or management of the place; or

        (b)     under the authority conferred by a search warrant; or

        (c)     for the sole purpose of gaining access to suspected railway premises, but only—

              (i)     if the transport safety officer or police officer reasonably believes that no reasonable alternative access is available; and

              (ii)     at a reasonable time, having regard to the times at which the transport safety officer or police officer believes rail safety work is being carried out at the place to which access is sought.

Division 2—Offences and related evidentiary matters

S. 76 substituted by No. 23/2013 s. 89.



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