Victorian Numbered Acts

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FUNERALS ACT 2006 (NO 77 OF 2006) - SECT 56

Searches to monitor compliance with this Act

    (1)     In this section—

"funeral provider" includes a person who carries on the business of arranging the supply of funeral services under pre-paid funeral contracts;

"relevant premises" means any premises—

        (a)     on or from which it appears a funeral provider is operating; or

        (b)     that an inspector believes on reasonable grounds contains—

              (i)     any record or account that is required to be kept by this Act; or

              (ii)     any document that indicates whether or not this Act has been complied with.

    (2)     An inspector may enter any relevant premises at any reasonable hour in the daytime and at any time that the premises are open for business and may—

        (a)     inspect the premises and any thing on the premises; and

        (b)     search for any evidence of any contravention of this Act; and

        (c)     make copies of, or take extracts from, any document kept on the premises; and

        (d)     seize any thing on the premises if the inspector believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction; and

        (e)     use any assistants the inspector considers necessary to exercise the powers conferred by this section.

    (3)     An inspector may exercise powers under this section only to the extent that it is reasonably necessary to do so for the purpose of determining compliance with this Act.

    (4)     An inspector must not continue to exercise any powers under this section if he or she fails to produce, on request, his or her identity card for inspection by the occupier of the premises.

    (5)     An inspector must not, under this section, enter premises which are a residence unless the occupier of those premises has consented in writing to the entry and the carrying out of a search.



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