Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 129

Power of entry and inspection

    (1)     If the presiding member considers it desirable for the purposes of a proceeding, the Tribunal may—

        (a)     enter and inspect any land or building either in the presence of, or without, the parties; or

        (b)     authorise a member of staff of the Tribunal or other person to enter and inspect any land or building for the purpose of preparing a report to the Tribunal; or

        (c)     order an occupier of land or buildings relevant to the proceeding to give a person who is to give evidence in the proceeding reasonable access to the land or buildings.

    (2)     If land or a building is occupied by a person who is not a party, a power of entry under subsection (1)(a) or (b) may only be exercised—

        (a)     with the consent of the occupier; or

        (b)     after 2 days' notice has been given to the occupier.

    (3)     A power of entry and inspection under subsection (1)(a) must be exercised by all members of the Tribunal in a proceeding together, unless the presiding member directs otherwise.

    (4)     A power of entry under subsection (1)(a) or (b) may be exercised at any reasonable time.

    (5)     A person must not—

        (a)     obstruct or hinder; or

        (b)     refuse access to any land or buildings to—

a person exercising a power of entry and inspection under this section.

Penalty:     Level 9 imprisonment (6 months maximum) or a level 9 fine (60 penalty units maximum) or both.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback