Victorian Numbered Acts

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ENERGY LEGISLATION AMENDMENT (BUSHFIRE MITIGATION AND OTHER MATTERS) ACT 2011 (NO. 59 OF 2011) - SECT 36

Powers of entry—enforcement

    (1)     In section 94(1)(b) of the Gas Safety Act 1997 , after "search for" insert "and seize".

    (2)     In section 94(2) of the Gas Safety Act 1997 , for "enter land or premises" substitute "enter and search land or premises or seize any thing".

    (3)     After section 94(2) of the Gas Safety Act 1997 insert

    "(3)     Before the occupier consents to entry and search of his or her residence under this section, the inspector must inform the occupier—

        (a)     of the purpose of the search; and

        (b)     that the occupier may refuse to give consent to the entry and search or to the seizure of anything found during the search; and

        (c)     that anything seized during the search with the consent of the occupier may be used in evidence in proceedings.

    (4)     If the occupier consents to entry and search, the inspector must ask the occupier to sign an acknowledgement stating—

        (a)     that the occupier has been informed of the purpose of the search and that anything seized in the search with the consent of the occupier may be used in evidence in proceedings; and

        (b)     that the occupier has been informed that he or she may refuse to give consent to the entry and search or to the seizure of anything; and

        (c)     that the occupier has consented to such an entry and search.

    (5)     If the occupier consents to the seizure of any thing during a search under this section, the inspector must before seizing the thing ask the occupier to sign an acknowledgment stating that the occupier has consented to the seizure of the thing.".



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