Victorian Current Acts Victorian Current ActsS. 42(1) amended by Nos 20/2016 s. 115(1), 61/2017 s. 127(1), 34/2019 s. 17(1).
(1) For the purpose of ascertaining whether the provisions of this Act and the regulations or the Voluntary Assisted Dying Act 2017 and the regulations under that Act are being complied with any authorized officer may with such assistance as he thinks necessary at any reasonable time—
(a) enter upon any premises occupied by any person licensed or otherwise authorized by or under this Act to have in his possession any poison or controlled substance;
S. 42(1)(ab) inserted by No. 20/2016 s. 115(2), repealed by No. 34/2019 s. 17(2).
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S. 42(1)(ac) inserted by No. 61/2017 s. 127(2).
(ac) enter upon any premises (other than residential premises) occupied by any person authorised by or under the Voluntary Assisted Dying Act 2017 or the regulations under that Act to have in that person's possession any voluntary assisted dying substance;
S. 42(1)(ad) inserted by No. 66/2017 s. 6.
(ad) if a medically supervised injecting centre licence has been issued, enter upon the permitted site and the licensed medically supervised injecting centre to ascertain whether Part IIA, the regulations made for the purposes of that Part, the medically supervised injecting centre licence and the internal management protocols are being complied with and exercise any powers under this section;
Note
See also section 50 in relation to immunity of authorized officers.
(b) examine any room or part of such premises and any goods or records therein;
S. 42(1)(ba) inserted by No. 50/2017 s. 13.
(ba) access and examine or inspect records or information required to be included on the monitored poisons database;
(c) take an account of any poisons or controlled substances therein;
(d) on payment or tender of a reasonable price demand select and obtain any sample of any poison or controlled substance which is in or on those premises;
S. 42(1)(e) amended by Nos 20/2016 s. 115(3), 61/2017 s. 127(3), 34/2019 s. 17(3).
(e) seize any poison or controlled substance or any other substance or any document which is in or on those premises with respect to which he has reasonable grounds for believing there has been a contravention of this Act or the Voluntary Assisted Dying Act 2017 ; and
(f) detain or remove to some suitable place any poison or controlled substance or other substance or document so seized.
(2) Every person who—
(a) refuses or fails to admit any authorized officer demanding to enter in pursuance of the provisions of this section;
(b) refuses to permit any authorized officer to select or obtain any sample in pursuance of the provisions of this section; or
(c) obstructs or delays any authorized officer in the discharge of his duty or causes or permits any authorized officer to be so obstructed or delayed—
shall be guilty of an offence against this Act.
S. 42A inserted by No. 50/2017 s. 14.