Victorian Numbered Acts Victorian Numbered ActsFor sections 129, 130 and 130A of the Principal Act substitute —
(1) An authorised person may enter and remain on licensed premises for the purposes of exercising his or her functions under this Act.
(2) The power of entry may be exercised—
(a) at any time when the premises are open to the public; or
(b) at any time—
(i) if the authorised person reasonably suspects that the business of supplying liquor to the public is being carried on on the premises; or
(ii) with the written consent of the occupier.
(3) An authorised person who enters premises under this section is not authorised to remain on the premises if, on the request of the occupier of the premises, the authorised person does not show his or her identity card to the occupier.
(4) Subsection (3) does not apply to an authorised person who is a member of the police force if he or she is in uniform.
(5) If an occupier consents to the entry of premises under this section, the authorised person must give the occupier a copy of the consent immediately.
(6) A person may not, under this section, enter a room in licensed premises under a general licence which is occupied by or reserved for the private use of the licensee or permittee unless the person—
(a) has first given notice of his or her intention to the licensee or permittee or (in the absence of the licensee or permittee) to the person appearing to be in charge of the licensed premises and has given the licensee, permittee or person an opportunity to be present; or
(b) has obtained the consent of the licensee, permittee or person to enter the room.
(7) A person may not, under this section, enter a room in licensed premises under a general licence which is occupied by or set apart for the private use of a resident unless the person has obtained the consent of the resident to enter the room.
(8) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry.
(1) An authorised person may do any one or more of the following—
(a) require any person in possession of, or having control of, any document, equipment or other thing relating to an activity regulated by this Act to produce the document, equipment or other thing for inspection and to answer questions or provide information relating to the document, equipment or other thing;
(b) inspect any document, equipment or other thing referred to in paragraph (a);
(c) take copies of, extracts from, or notes relating to, any document inspected under paragraph (b);
(d) if the authorised person considers it necessary to do so for the purpose of obtaining evidence of the commission of an offence, seize any document, equipment or other thing;
(e) by written notice require—
(i) the holder of a licence or BYO permit or other authorisation under this Act; or
(ii) an employee of a person referred to in subparagraph (i); or
(iii) any other person associated with operations or their management in premises the authorised person is authorised to enter—
to attend before the authorised person at a specified time or place and answer questions, or to provide information within a reasonable period specified in the notice, with respect to any activity regulated by this Act;
(f) examine and test any equipment referred to in paragraph (a) and order the person in charge of the equipment to withdraw it from use if it is unsatisfactory for use;
(g) any other thing authorised by this Act to be done by an authorised person.
(2) If an authorised person seizes any thing under this section, it may be retained by the authorised person until the completion of any proceedings (including proceedings on appeal) in which it may be evidence but only if, in the case of a document, the person from whom the document was seized is provided, within a reasonable time after the seizure, with a copy of the document certified by an authorised person as a true copy.
(3) Subsection (2) ceases to have effect in relation to things seized if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that subsection are instituted so orders.
(4) A copy of a document provided under subsection (2) is, as evidence, of equal validity to the document of which it is certified to be a copy.
(1) An authorised person who exercises a right of entry to premises under section 129 or under a search warrant may require a person on the premises to state the person's full name and residential address.
(2) An authorised person is not authorised to require a person to state his or her name or address unless the authorised person—
(a) suspects on reasonable grounds that the person has committed an offence; and
(b) has informed the person, at the time of stating the requirement, that it is an offence to fail to comply with the requirement.
(3) A person on being required under subsection (1) to state his or her full name and residential address must not—
(a) refuse or fail to give his or her full name and residential address; or
(b) give a false name or address.
Penalty: 20 penalty units.
(1) An authorised person may apply to a magistrate for the issue of a search warrant in relation to particular premises if the authorised person suspects on reasonable grounds that—
(a) liquor is supplied on the premises by a person—
(i) who does not hold a licence authorising the supply; and
(ii) who is required under this Act to hold such a licence to supply the liquor; or
(b) in the case of premises occupied by a club in respect of which a licence is not in force, liquor is supplied or kept for supply on the premises; or
(c) there is on the premises any document, equipment or other thing—
(i) in relation to which an offence against this Act or the regulations has been, is being, or is likely to be, committed; or
(ii) that may be evidence of the commission of an offence against this Act or the regulations.
(2) If a magistrate is satisfied by the evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting any of the matters referred to in subsection (1), the magistrate may issue a search warrant authorising an authorised person named in the warrant and any assistants the authorised person considers necessary—
(a) to enter the premises, or the part of premises, named or described in the warrant; and
(b) to search for and seize any document, equipment or other thing named or described in the warrant.
(3) In addition to any other requirement, a search warrant issued under this section must state—
(a) the offence suspected; and
(b) the premises to be searched; and
(c) a description of the thing for which the search is to be made; and
(d) any conditions to which the warrant is subject; and
(e) whether entry is authorised to be made at any time or during stated hours; and
(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.
(4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act.
(5) The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.
(6) An authorised person who is a compliance inspector may apply for a search warrant under this section only with the prior written consent of the Director.
(1) Before executing a search warrant, the person named in the warrant or a person assisting him or her must—
(a) announce that he or she is authorised by the warrant to enter the premises; and
(b) give any person at the premises an opportunity to allow entry to the premises.
(2) The person named in the warrant or a person assisting him or her need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure—
(a) the safety of any person; or
(b) that the effective execution of the search warrant is not frustrated.
If the occupier or another person who apparently represents the occupier is present at the premises when a search warrant is being executed, the authorised person must—
(a) identify himself or herself to that occupier or other person by producing his or her identity card for inspection by that occupier or other person, unless the authorised person is a member of the police force who is in uniform; and
(b) give to that occupier or other person a copy of the execution copy of the warrant.
A person must not—
(a) obstruct, hinder, threaten, abuse or intimidate an authorised person when the authorised person is performing or attempting to perform functions under this Act or the regulations; or
(b) fail, without reasonable excuse, to produce for inspection any document, equipment or other thing in the possession or under the control of the person when required to do so by an authorised person in the performance of his or her functions under this Act or the regulations; or
(c) fail, without reasonable excuse, to attend before an authorised person and answer questions or supply information when required to do so by the authorised person in the performance of his or her functions under this Act or the regulations; or
(d) except with the permission of an authorised person, take any document, equipment or other thing seized, impounded or retained under the authority of this Act; or
(e) fail to comply with a direction of an authorised person to cease to have available for use any equipment considered by the authorised person to be unsatisfactory for use; or
(f) prevent, directly or indirectly, a person from attending before an authorised person, producing to an authorised person any document, equipment or other thing or answering any question of, or supplying any information to, an authorised person when that person is required to do so under this Act.
Penalty: 60 penalty units.
(1) It is a reasonable excuse for a person to refuse or fail to answer questions or provide information that the person is required to answer or provide by or under this Act if the answering of the question or provision of the information would tend to incriminate the person.
(2) It is not a reasonable excuse for a person to refuse or fail to produce any document, equipment or other thing that a person is required to produce by or under this Act on the ground that the production of the document, equipment or other thing would tend to incriminate the person.
(3) If the person claims, before producing the document, equipment or other thing, that production of the document, equipment or other thing would tend to incriminate them, the document, equipment or other thing is not admissible in evidence against the person in criminal proceedings.".