Victorian Current Acts

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VICTORIAN INSPECTORATE ACT 2011 - SECT 63

Powers of entry, inspection and seizure

    (1)     Subject to subsection (2), if the Victorian Inspectorate considers on reasonable grounds there are documents or other things that are relevant to an inquiry in relation to the IBAC or IBAC personnel which are on IBAC premises, the Victorian Inspectorate may authorise a Victorian Inspectorate Officer, with such assistance as the Victorian Inspectorate Officer thinks fit, to—

        (a)     enter those premises at any time; and

        (b)     search those premises for documents or other things that are relevant to the inquiry; and

        (c)     inspect or copy any document or other thing found at those premises; and

        (d)     seize any document or other thing found at those premises that is relevant to the inquiry and keep it until the Victorian Inspectorate has completed its inquiry.

    (2)     The Victorian Inspectorate must not exercise the power conferred by subsection (1) in respect of the IBAC unless the Victorian Inspectorate considers on reasonable grounds that the IBAC, or any IBAC personnel, has wilfully failed to give assistance in accordance with section 48(1).

    (3)     Subject to subsection (4), if the Victorian Inspectorate considers on reasonable grounds there are documents or other things that are relevant to an inquiry in relation to a VAGO officer which are on VAGO premises, the Victorian Inspectorate may authorise a Victorian Inspectorate Officer, with such assistance as the Victorian Inspectorate Officer thinks fit, to—

        (a)     enter those premises at any time; and

        (b)     search those premises for documents or other things that are relevant to the inquiry; and

        (c)     inspect or copy any document or other thing found at those premises; and

        (d)     seize any document or other thing found at those premises that is relevant to the inquiry and keep it until the Victorian Inspectorate has completed its inquiry.

    (4)     The Victorian Inspectorate must not exercise the power conferred by subsection (3) unless the Victorian Inspectorate considers on reasonable grounds that the Auditor-General or any VAGO officer has wilfully failed to give assistance in accordance with section 48(2).

    (5)     Subject to subsection (6), if the Victorian Inspectorate considers on reasonable grounds there are documents or other things that are relevant to an inquiry in relation to an Ombudsman officer which are on Ombudsman premises, the Victorian Inspectorate may authorise a Victorian Inspectorate Officer, with such assistance as the Victorian Inspectorate Officer thinks fit, to—

        (a)     enter those premises at any time; and

        (b)     search those premises for documents or other things that are relevant to the inquiry; and

        (c)     inspect or copy any document or other thing found at those premises; and

        (d)     seize any document or other thing found at those premises that is relevant to the inquiry and keep it until the Victorian Inspectorate has completed its inquiry.

    (6)     The Victorian Inspectorate must not exercise the power conferred by subsection (5) unless the Victorian Inspectorate considers on reasonable grounds that the Ombudsman or any Ombudsman officer has wilfully failed to give assistance in accordance with section 48(3).

    (7)     Subject to subsection (8), if the Victorian Inspectorate considers on reasonable grounds there are documents or other things that are relevant to an inquiry in relation to the Chief Examiner or an Examiner which are on the premises of the Chief Examiner, the Victorian Inspectorate may authorise a Victorian Inspectorate Officer, with such assistance as the Victorian Inspectorate Officer thinks fit, and after notifying the Chief Examiner to—

        (a)     enter those premises at any time; and

        (b)     search those premises for documents or other things that are relevant to the inquiry; and

        (c)     inspect or copy any document or other thing found at those premises; and

        (d)     seize any document or other thing found at those premises that is relevant to the inquiry and keep it until the Victorian Inspectorate has completed its inquiry.

    (8)     The Victorian Inspectorate must not exercise the power conferred by subsection (7) unless the Victorian Inspectorate considers on reasonable grounds that the Chief Examiner or an Examiner has wilfully failed to give assistance in accordance with section 48(4).

S. 63(9) inserted by No. 20/2017 s. 120.

    (9)         Subject to subsection (10), if the Victorian Inspectorate considers on reasonable grounds there are documents that are relevant to an inquiry in relation to an officer of the Office of the Victorian Information Commissioner which are on the premises of the Office of the Victorian Information Commissioner, the Victorian Inspectorate may authorise a Victorian Inspectorate Officer, with such assistance as the Victorian Inspectorate Officer thinks fit, and after notifying the Information Commissioner to—

        (a)     enter those premises at any time; and

        (b)     search those premises for documents that are relevant to the inquiry; and

        (c)     inspect or copy any document found at those premises; and

        (d)     seize any document found at those premises that is relevant to the inquiry and keep it until the Victorian Inspectorate has completed its inquiry.

S. 63(10) inserted by No. 20/2017 s. 120.

    (10)     The Victorian Inspectorate must not exercise the power conferred by subsection (9) unless the Victorian Inspectorate considers on reasonable grounds that the officer of the Office of the Victorian Information Commissioner has wilfully failed to give assistance in accordance with section 48(5).

S. 63(11) inserted by No. 21/2020 s. 93.

    (11)     Subject to subsection (12), if the Victorian Inspectorate considers on reasonable grounds there are documents that are relevant to an inquiry in relation to the Wage Inspectorate Victoria or a Wage Inspectorate Victoria officer on the premises of the Wage Inspectorate Victoria, the Victorian Inspectorate may authorise a Victorian Inspectorate Officer, with such assistance as the Victorian Inspectorate Officer thinks fit, and after notifying the Wage Inspectorate Victoria, to—

        (a)     enter those premises at any time; and

        (b)     search those premises for documents that are relevant to the inquiry; and

        (c)     inspect or copy any document found at those premises; and

        (d)     seize any document found at those premises that is relevant to the inquiry and keep it until the Victorian Inspectorate has completed its inquiry.

S. 63(12) inserted by No. 21/2020 s. 93.

    (12)     The Victorian Inspectorate must not exercise the power conferred by subsection (11) unless the Victorian Inspectorate considers on reasonable grounds that Wage Inspectorate Victoria or a Wage Inspectorate Victoria officer has wilfully failed to give assistance in accordance with section 48(7).

S. 63(13)(14) inserted by No. 50/2021 s. 117, repealed by No. 31/2023 s. 32.

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S. 64 inserted by No. 19/2012 s. 12.



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