Victorian Numbered Acts

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FUNERALS ACT 2006 (NO 77 OF 2006) - SECT 57

Offence-related searches and seizures

    (1)     An inspector may only exercise powers under this section if he or she has reasonable grounds for suspecting that there is on any premises a particular thing that may be evidence of the commission of an offence against this Act.

    (2)     Subject to sub-section (3), an inspector, with any assistants he or she considers necessary, may with the consent in writing of the occupier of the premises, enter the premises and search for a thing referred to in sub-section (1) without applying for a search warrant.

    (3)     An inspector must not enter and search any premises with the consent of the occupier unless, before the occupier consents to that entry, the inspector has—

        (a)     produced his or her identity card for inspection; and

        (b)     informed the occupier—

              (i)     of the purpose of the search; and

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

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

              (iv)     that anything seized or taken during the search with the consent of the occupier may be used in evidence in proceedings.

    (4)     If a thing referred to in sub-section (1) is found during a search under sub-section (2), the inspector may—

        (a)     inspect any thing on the premises;

        (b)     inspect, and make copies of, or take extracts from, the thing;

        (c)     seize the thing if the inspector believes on reasonable grounds that it is necessary to seize it in order to prevent its concealment, loss or destruction.



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