Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Division 9.2A Authorised valuers
90A Definitions—div 9.2A
In this division:
"at" premises includes in or on the premises.
"occupier", of premises, includes—
(a) a person believed on reasonable grounds to be an occupier of the premises; and
(b) a person apparently in charge of the premises.
90B Appointment of authorised valuers
The commissioner may appoint a person as an authorised valuer for this Act.
Note 1 For the making of appointments (including acting appointments), see the Legislation Act
, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act
, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act
, s 207).
90C Authorised valuers—functions
An authorised valuer has the following functions:
(a) to conduct a valuation for the purposes of 1 or more of the following Acts:
(i) the Duties Act 1999
;
(ii) the Lands Acquisition Act 1994
;
(iii) the Planning and Development Act 2007
;
(iv) the Rates Act 2004
;
(b) to exercise any other function given to the valuer under this Act or another territory law.
Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act
, s 196 and dict, pt 1, def entity ).
90D Authorised valuers—identity cards
(1) The commissioner must give an authorised valuer an identity card stating the person's name and that the person is an authorised valuer.
(2) The identity card must show—
(a) a recent photograph of the person; and
(b) the card's date of issue and expiry; and
(c) anything else prescribed by regulation.
Note If a form is approved under s 139C for the identity card, the form must be used.
(3) A person commits an offence if—
(a) the person stops being an authorised valuer; and
(b) the person does not return the person's identity card to the commissioner as soon as practicable after the day the person stops being an authorised valuer.
Maximum penalty: 1 penalty unit.
(4) Subsection (3) does not apply to a person if the person's identity card has been—
(a) lost or stolen; or
(b) destroyed by someone else.
Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code
, s 58).
(5) An offence against this section is a strict liability offence.
90E Power to enter premises
(1) An authorised valuer may, at any reasonable time, enter premises for the purpose of conducting a valuation under any of the following Acts:
(a) the Duties Act 1999
;
(b) the Lands Acquisition Act 1994
;
(c) the Planning and Development Act 2007
;
(d) the Rates Act 2004
.
(2) However, subsection (1) does not authorise entry into a part of the premises used only for residential or private business purposes.
(3) An authorised valuer may, without the consent of the occupier of premises, enter land and any common property to ask for consent to enter the premises.
(4) To remove any doubt, an authorised officer may enter premises under subsection (1) without payment of an entry fee or other charge.
(5) In this section:
"common property "includes common property under the Community Title Act 2001
and the Unit Titles Act 2001
.
part of the premises used only for residential or private business purposes —
(a) includes—
(i) the inside of a residential building; and
(ii) the inside of a building used to conduct a private business; but
(b) does not include the front yard, back yard or side yards of premises on which a residential building or a building used to conduct a private business are located.
90F Production of identity card
An authorised valuer must not remain at premises entered under this division if the valuer does not produce the valuer's identity card when asked by the occupier.
90G Consent to entry
(1) When seeking the consent of an occupier of premises to enter the premises under section 90E (3) (Power to enter premises), an authorised valuer must—
(a) produce the valuer's identity card; and
(b) tell the occupier—
(i) the purpose of the entry; and
(ii) that consent may be refused.
(2) If the occupier consents, the authorised valuer must ask the occupier to sign a written acknowledgment (an acknowledgement of consent )—
(a) that the occupier was told—
(i) the purpose of the entry; and
(ii) that consent may be refused; and
(b) that the occupier consented to the entry; and
(c) stating the time and date consent was given.
(3) If the occupier signs an acknowledgment of consent, the authorised officer must immediately give a copy to the occupier.
(4) A court must find that an occupier did not consent to entry to premises by the authorised valuer under this division if—
(a) the question arises in a proceeding in the court whether the occupier consented to the entry; and
(b) an acknowledgment of consent is not produced in evidence; and
(c) it is not proved that the occupier consented to the entry.
90H General powers on entry to premises
(1) An authorised valuer who enters premises under this division may do 1 or more of the following in relation to the premises or anything at the premises:
(a) inspect or examine;
(b) take measurements;
(c) take photographs, films, or audio, video or other recordings;
(d) require the occupier, or anyone at the premises, to produce documents or anything else that the occupier or person at the premises has, or has access to, that are reasonably needed to exercise a function under this division;
(e) require the occupier, or anyone at the premises, to give the authorised valuer copies of documents produced under paragraph (d) that are reasonably needed to exercise a function under this division;
(f) require the occupier, or anyone at the premises, to give the authorised valuer reasonable assistance to exercise a function under this division.
(2) A person must take reasonable steps to comply with a requirement under subsection (1) (d), (e) or (f).
Maximum penalty: 50 penalty units.