Victorian Current Acts Victorian Current Acts(1) For the purpose of exercising the manager's powers under section 83H, the manager may exercise any or all of the following powers—
(a) to enter and remain in or on any building or land used by the private building surveyor's business for or in connection with the conduct of that business, other than any building or land of a person for whom the private building surveyor is acting as a building surveyor;
(b) to require the private building surveyor or any partner, officer, employee or agent of the private building surveyor or any other person who has or has had control of documents relating to the appointment of the private building surveyor to give the manager—
(i) access to the documents the manager reasonably requires; and
(ii) information relating to the appointment of the private building surveyor the manager reasonably requires;
(c) to operate equipment or facilities on the land or in the building, or to require any person on or in the land or building to operate equipment or facilities on the premises, for a purpose relevant to the management of the private building surveyor's business;
(d) to take possession of any relevant document or thing;
(e) to secure any relevant document or thing found in or on the building or land against interference, if the document or thing cannot be conveniently removed;
(f) to take possession of any computer equipment or computer program reasonably required for a purpose relevant to the management of the private building surveyor's business.
(2) A manager may enter and remain in or on a building or land under subsection (1)(a) only—
(a) during normal business hours; or
(b) during other hours with the consent of the occupier of the building or land.
(3) A manager must not enter a building or land under subsection (1)(a) unless, before the entry, the manager has produced for inspection by the occupier—
(a) the manager's notice of appointment; and
(b) a form of identification that includes the manager's photograph and signature.
(4) If a manager takes possession of—
(a) a document, disk or tape or other thing that can be readily copied; or
(b) a storage device the information in which can be readily copied—
under this section the manager, on request by the occupier, the private building surveyor or a person from whom it was taken, must give a copy of the thing or information to that person as soon as practicable after taking possession of it.
(5) If a manager takes possession of a document or other thing under this section and has not provided a copy of it under subsection (4), the manager must provide a receipt for the document or thing as soon as practicable after taking possession of it.
(6) If a manager takes possession of a document or other thing under this section, the manager may keep it until it is no longer required for the carrying out of the manager's functions.
(7) The manager must take all reasonable steps to return the document or other thing to the person entitled to it as soon as it is no longer required for the carrying out of the manager's functions.
(8) Nothing in this section limits any other power the manager has as a private building surveyor under Division 2 of Part 13 or the building regulations.
S. 83J inserted by No. 15/2016 s. 41.