Victorian Numbered Acts

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SOCIAL SERVICES REGULATION ACT 2021 (NO. 37 OF 2021) - SECT 116

Announcement before exercising power of entry

    (1)     Subject to subsection (2), before entering any premises in the exercise of a power conferred by this Act, an authorised officer or independent investigator must—

        (a)     announce that they are an authorised officer or independent investigator (as appropriate) who is authorised under this Act or by the warrant issued under this Act to enter the premises; and

        (b)     give any person in the premises a reasonable opportunity to allow entry to the premises.

    (2)     An authorised officer or independent investigator does not have to make an announcement or give reasonable opportunity for entry under subsection (1) if the authorised officer or independent investigator

        (a)     considers that it is not practicable to do so; or

        (b)     believes on reasonable grounds that immediate entry to the premises is required to ensure—

              (i)     the health or safety of any person; or

              (ii)     the effective exercise of the powers of the authorised officer or independent investigator.



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