Victorian Current Acts

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ESSENTIAL SERVICES COMMISSION ACT 2001 - SECT 39P

Entry and search with consent

    (1)     If an inspector believes on reasonable grounds that a person may have contravened an essential services requirement, the inspector, with the consent of the occupier of the premises, may—

        (a)     enter and search the premises; and

        (b)     exercise a power set out in subsection (2) at the premises.

    (2)     For the purposes of subsection (1)(b), an inspector has the power to—

        (a)     seize any document or computer that the inspector finds on the premises, if the inspector believes on reasonable grounds that the document or computer is connected with the alleged contravention; or

        (b)     require any document on the premises to be produced for examination and, if the inspector believes on reasonable grounds that the document is connected with the alleged contravention—

              (i)     examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts; or

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

        (c)     make any still or moving image, audio recording or audio visual recording, if the inspector believes on reasonable grounds that it is necessary to do so for the purpose of establishing the alleged contravention.

S. 39Q inserted by No. 41/2021 s. 5.



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