Victorian Numbered Acts

JUSTICE LEGISLATION (FURTHER AMENDMENT) ACT 2006 (NO 79 OF 2006) - SECT 80

For sections 55 and 56 of the Introduction Agents Act 1997 substitute —

        "55.     Requirement to assist inspector during entry

To the extent that it is reasonably necessary to determine compliance with this Act or the regulations, an inspector exercising a power of entry under this Part who produces his or her identity card for inspection by the occupier of the premises or an agent or employee of the occupier may require that person—

        (a)     to give information to the inspector, orally or in writing; and

        (b)     to produce documents to the inspector; and

        (c)     to give reasonable assistance to the inspector.

        56.     Refusal or failure to comply with requirement

        A person must not, without reasonable excuse, refuse or fail to comply with a requirement of an inspector under this Part.

Penalty:     60 penalty units.

        56A.     Protection against self-incrimination

    (1)     It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person.

    (2)     Despite sub-section (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person.

        56B.     Entry to be reported to the Director

    (1)     If an inspector exercises a power of entry under this Part, the inspector must report the exercise of the power to the Director within 7 days after the entry.

    (2)     The report must include all relevant details of the entry including particulars of—

        (a)     the time and place of the entry; and

        (b)     the purpose of the entry; and

        (c)     the things done while on the premises, including details of things seized, samples taken, copies made and extracts taken; and
s. 80

        (d)     the time of departure from the premises.

        56C.     Register of exercise of powers of entry

The Director must keep a register containing the particulars of all matters reported to the Director under section 56B.

        56D.     Complaints

    (1)     Any person may complain to the Director about the exercise of a power by an inspector under this Part.

    (2)     The Director must—

        (a)     investigate any complaint made to the Director; and

        (b)     provide a written report to the complainant on the results of the investigation.".

See:
Act No.
104/1986.
Reprint No. 5
as at
10 December 2003
and amending
Act Nos
103/2004, 108/2004, 18/2005, 91/2005 and 32/2006.
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