Victorian Current Acts

BUILDING ACT 1993 - SECT 228L

    (1)     A warrant issued under section 228K(2) may authorise an authorised person named in the warrant—

        (a)     to enter and inspect the building or land; or

        (b)     to examine any thing found at the building or land; or

        (c)     to take photographs (including video recordings) or make sketches of any thing at the building or land; or

        (d)     to the extent that it is reasonably necessary to determine whether this Act or the regulations have been complied with or to assist in the enforcement of safety of buildings and of building and plumbing standards under this Act, to do any one or more of the following—

              (i)     take and keep samples of any thing, if the authorised person believes on reasonable grounds that the thing is connected with a contravention of this Act or the regulations;

              (ii)     require the occupier of the building or land to produce any document to the authorised person and if the authorised person believes on reasonable grounds that the document is connected with a contravention of this Act or the regulations—

    (A)     examine, copy or take extracts from the document, or arrange for the making of copies or the taking of extracts; and

S. 228L
(1)(d)(ii)(B) amended by No. 46/2018 s. 67(1).

    (B)     remove the document for so long as is reasonably necessary to make copies or take extracts from the document; or

S. 228L(1)(e) inserted by No. 46/2018 s. 67(2).

        (e)     to conduct, in accordance with the regulations (if any), destructive testing on a building product or material examined in or on the building or land, if the authorised person believes on reasonable grounds that the use of the building product or material is connected with a contravention of this Act or the regulations; or

S. 228L(1)(f) inserted by No. 46/2018 s. 67(2).

        (f)     to arrange, in accordance with the regulations (if any), for destructive testing to be conducted by a prescribed testing authority on a building product or material sampled from the building or land, if the authorised person believes on reasonable grounds that the use of the building product or material is connected with a contravention of this Act or the regulations.

    (2)     A warrant issued under section 228K(2) must state—

        (a)     the purpose for which the warrant is required; and

        (b)     the building or land to be inspected; and    

        (c)     any conditions to which the warrant is subject; and

        (d)     that the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

        (e)     a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

S. 228M inserted by No. 21/2017 s. 46.