Victorian Current Acts

SHOP TRADING REFORM ACT 1996 - SECT 6D

    (1)     If an inspector believes, on reasonable grounds, that a person or persons may have contravened this Act, the inspector, with the written approval of the Secretary, may apply to the Magistrates' Court for an order requiring any person at a time and place specified by an inspector —

        (a)     to answer orally or in writing any questions put by an inspector in relation to the alleged contravention;

        (b)     to supply orally or in writing information required by an inspector in relation to the alleged contravention;

        (c)     to produce to an inspector specified documents or documents of a specified class relating to the alleged contravention.

    (2)     If the Magistrates' Court is satisfied on the basis of evidence presented by the inspector that there are reasonable grounds to believe that a person or persons may have contravened this Act, the Court may grant the order sought.

    (3)     An order under this section must state a day, not later than 28 days after the making of the order, on which the order ceases to have effect.

    (4)     If any documents are produced to an inspector under an order made under this section the inspector may—

        (a)     inspect the documents or authorise a person to inspect the documents;

        (b)     make copies of or take extracts from the documents;

        (c)     seize the documents if the inspector considers the documents necessary for the purpose of obtaining evidence for the purpose of any proceedings against any person under this Act;

        (d)     secure any seized documents against interference;

        (e)     retain possession of the documents in accordance with this Part.

    (5)     An inspector who executes an order under this section must as soon as practicable after that execution notify the Magistrates' Court in writing of—

        (a)     the time and place of execution; and

        (b)     the documents or classes of documents seized; and

        (c)     if documents were seized under subsection (4)(c) in respect of a contravention other than a contravention for which the order was granted, the contravention in respect of which the documents were seized.

    (6)     The Magistrates' Court may direct the inspector to bring before the Court a document to which subsection (5)(c) applies so that the matter may be dealt with according to law.

    (7)     The Magistrates' Court may direct that a document brought before it under subsection (6) be returned to its owner, subject to any condition the Court thinks fit, if in the opinion of the Court it can be returned consistently with the interests of justice.

S. 6E inserted by No. 112/2003 s. 5 .