Victorian Current Acts Victorian Current Acts(1) An inspector may enter any place (other than a residence) and may search for and seize any relevant documents or anything that the inspector believes on reasonable grounds to be connected with a failure to comply with this Part, the regulations under this Part or the performance standards that is found on or in the place, if the entry, search and seizure are made—
(a) with the consent of the occupier after the inspector has—
(i) informed the occupier of the purpose of the search; and
(ii) informed the occupier that anything seized during the search may be used by the Registrar in carrying out its powers and duties under this Part or in evidence in a court or before VCAT; and
(iii) informed the occupier that the occupier may refuse to give consent to the entry and search; and
(iv) produced his or her identity card for inspection; or
(b) in accordance with a warrant issued under section 118.
(2) If an occupier consents to an entry and search, the inspector who requested consent must ask the occupier to sign an acknowledgment stating—
(a) that the occupier has been informed of the purpose of the search and that anything seized during the search may be used by the Registrar in carrying out its powers and duties under this Part or in evidence in a court or before VCAT; and
(b) that the occupier has been informed that he or she may refuse to give consent to the entry and search; and
(c) that the occupier has consented to such an entry and search; and
(d) the date and time that the occupier consented.
(3) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment immediately.
(4) If, in any proceeding, an acknowledgment is not produced to the court or VCAT, it must be presumed, until the contrary is proved, that the occupier did not consent to an entry and search.
S. 118 inserted by No. 106/2004 s. 5.