Victorian Numbered Acts

EDUCATION AND CARE SERVICES NATIONAL LAW AMENDMENT ACT 2017 (NO. 9 OF 2017) - SECT 56

After section 200 of the National Law insert —

        " 200A     Entry to premises without search warrant

    (1)     An authorised officer may enter any premises (including residential or business premises) for the purpose of determining whether an education and care service is operating without a service approval at or from the premises, if—

        (a)     the authorised officer reasonably believes that a person is operating an education and care service in contravention of section 103 at the premises; and

        (b)     the occupier of the premises has consented in writing to the entry and inspection.

    (2)         An authorised officer must not enter and search the premises under this section unless, before the occupier consents to the entry, the authorised officer has—

        (a)     produced the authorised officer's identity card for inspection; and

        (b)     informed the occupier—

              (i)     of the purpose of the search and the powers that may be exercised; and

              (ii)     that the occupier may refuse to consent to the entry and search or the taking of anything found during the search; and

              (iii)     that the occupier may refuse to consent to the taking of any copy or extract from a document found on the premises during the search.

    (3)     An authorised officer who exercises a power of entry under this section may for the purposes of the investigation do any of the things referred to in clause 5(2)(a) to (e) of Schedule 2 as if a reference to that Schedule included a reference to this section.".