Victorian Current Acts

HOUSING ACT 1983 - SECT 118

    (1)     An inspector may apply to a magistrate for the issue of a search warrant in relation to a particular place if—

        (a)     a registered agency or person does not comply with a requirement of an inspector under section 116 within the time specified in the notice; or

        (b)     there are reasonable grounds for suspecting that there may be at that place any document or thing that may be evidence of a failure by a registered agency to comply with this Part or the regulations under this Part or the performance standards.

S. 118(2) amended by No. 6/2018 s. 68(Sch. 2 item 67).

    (2)     The magistrate may issue the search warrant if the magistrate is satisfied by the evidence on oath or by affirmation or by affidavit, of an inspector that there are reasonable grounds for suspecting that there is, or may be within the next 28 days, at that place—

        (a)     a relevant document; or

        (b)     a document or thing that may be evidence of a failure by the registered agency to comply with this Part or the regulations under this Part or the performance standards.

    (3)     A search warrant under this section authorises the inspector named in the warrant and any assistants the inspector considers necessary—

        (a)     to enter the place specified in the warrant, if necessary by force; and

        (b)     to search for and seize—

              (i)     a relevant document named or described in the warrant; or

              (ii)     a document or thing named or described in the warrant and which the inspector believes on reasonable grounds to be connected with a failure by the registered agency to comply with this Part, the regulations under this Part or the performance standards.

    (4)     A search warrant issued under this section must state—

        (a)     the purpose for which the search is required and the nature of the non-compliance suspected; and

        (b)     any conditions to which the warrant is subject; and

        (c)     whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and

        (d)     a day, not being later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

    (5)     A search warrant must be issued in accordance with the Magistrates' Court Act 1989 .

    (6)     Except as provided by this Part, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.

S. 119 inserted by No. 106/2004 s. 5.