Victorian Current Acts

ROAD SAFETY ACT 1986 - SECT 125

    (1)     Consent to an inspection or search may only be obtained in accordance with this section from—

        (a)     in the case of a premises that is used for predominantly residential purposes, a person who the authorised inspector reasonably believes to be the occupier or owner of the premises;

        (b)     in any other case, a person who is, or who appears to be, of or over the age of 16 years and who is, or who appears to be, in charge of the premises.

    (2)     An authorised inspector obtains a person's consent in accordance with this section if the inspector—

        (a)     produces for inspection by the person—

              (i)     if the inspector is an authorised officer—

    (A)     his or her identity card; and

    (B)     if the inspector is acting under an authorisation issued under section 112(1)(c) or 112(1)(d), the document given to him or her under section 112(3); or

S. 125(2)(a)(ii) amended by No. 37/2014 s. 10(Sch. item 147.52).

              (ii)     if the inspector is a police officer who is not in uniform, his or her identification as a police officer; and

        (b)     informs the person—

              (i)     of the purpose of the inspection or search; and

              (ii)     that the person may refuse to give consent to the inspection or search; and

              (iii)     that the inspector is entitled to copy most documents found on the premises during the inspection or search; and

              (iv)     in the case of an inspection—

    (A)     that the inspector may only take a thing from the premises with the consent of the person; and

    (B)     that the inspector may begin to search the premises if he or she finds anything that gives him or her the authority to do so; and

              (v)     that in conducting a search the inspector is entitled to seize anything that might be evidence of a contravention of a relevant law or scheme; and

              (vi)     that anything seized, taken or copied during the inspection or search may be used in evidence in proceedings; and

        (c)     obtains the person's signature to an acknowledgment that states—

              (i)     that the person has been given the information listed in paragraph (b); and

              (ii)     that the person consents to the inspection or search; and

              (iii)     the date and time that the person consented; and

        (d)     gives the person a copy of the acknowledgment.

S. 125(3) amended by No. 37/2014 s. 10(Sch. item 147.52).

    (3)     For the purposes of subsection (2), it is not necessary for an inspector who is a police officer and who is in uniform to produce his or her identification as a police officer.

    (4)     If, in any proceeding, an acknowledgment is not produced to the court or tribunal, it must be presumed, until the contrary is proved, that the inspection or search occurred without consent.

    (5)     For the purposes of this Act, a person does not obstruct an inspector by refusing to consent to an inspection or search.

S. 126 inserted by No. 44/2003 s. 3.