Victorian Current Acts Victorian Current ActsS. 98(1) amended by No. 50/1989
s. 7(c).
(1) The Authority or the Chief Officer may cause any place in the country area of Victoria where any fire has occurred to be searched, and may remove and keep possession of any materials which may tend to prove the cause or origin of the fire.
S. 98(2) amended by Nos 50/1989
s. 7(c), 5/2012 s. 50(1).
(2) The Authority or Chief Officer may act under subsection (1) in relation to a fire on the Authority's or the Chief Officer's own initiative but shall not so act if a coroner is investigating the fire.
S. 98(3) amended by No. 5/2012 s. 50(2).
(3) Where the Authority or Chief Officer causes a search to be made or takes possession of anything under subsection (1) in relation to a fire, the Authority or Chief Officer shall, if a coroner subsequently investigates the fire—
(a) report to the coroner any information found in the search concerning the cause or origin of the fire; and
S. 98(3)(b) amended by No. 5/2012 s. 50(2).
(b) give to the coroner anything of which the Authority or Chief Officer has taken possession.
S. 98(4) amended by No. 77/2008 s. 129(Sch. 2 item 7.1).
(4) Anything given to the coroner under subsection (3)(b) shall be deemed to have come into the coroner's possession under Division 4 of Part 4 of the Coroners Act 2008 .
(5) If in the opinion of the Authority or the Chief Officer there are suspicious circumstances in relation to the cause or origin of any fire in the country area of Victoria, the Authority or the Chief Officer—
S. 98(5)(a) amended by No. 77/2008 s. 129(Sch. 2 item 7.2).
(a) may restrict access to the place where the fire occurred until a coroner with jurisdiction to investigate the fire under the Coroners Act 2008 orders otherwise or until an inquest into the fire is held under that Act, whichever first occurs;
(b) may cause to be erected at the entrance or boundary of the place a notice in the prescribed form of the restriction; and
(c) may request a coroner to investigate the fire.
S. 98AA inserted by No. 77/2008 s. 129(Sch. 2 item 7.3).