Victorian Current Acts Victorian Current ActsS. 134(1) amended by No. 49/2018 s. 31(2).
(1) An inspector who enters a workplace under this Division may do any or all of the following—
S. 134(1)(a) amended by No. 49/2018 s. 31(3).
(a) require a person to produce a document or part of a document; and
(b) examine that document or part; and
(c) require a person to answer any questions put by the inspector.
(2) A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1).
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
(3) Before requiring a person to produce a document or part of a document or to answer questions under subsection (1), an inspector must—
(a) produce his or her identity card for inspection by the person and warn the person that a refusal or failure to comply with the requirement, without reasonable excuse, is an offence; and
(b) inform the person that he or she may refuse or fail to answer any question if answering the question would tend to incriminate him or her.
(4) A person is not liable to be prosecuted for an offence against subsection (2) if the inspector concerned failed to comply with subsection (3).
S. 134(5) inserted by No. 49/2018 s. 31(4).
(5) Despite section 7 of the Criminal Procedure Act 2009 , a proceeding for an offence against this section must be commenced within 12 months after the date on which the Authority becomes aware that an offence has been committed.
Note
This section does not affect legal professional privilege or client legal privilege (see section 598) or, in the case of a requirement to answer questions, the privilege against self-incrimination (see section 597).
S. 135 amended by No. 36/2021 s. 35(2) (ILA s. 39B(1)).