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ENFORCEMENT AND SUPPLEMENTARY POWERS 86. Proceedings for offences (1) The person responsible for maintaining the register or any other officer authorised by the Board may take proceedings under this Act in the name of the Board. (2) Any prosecution instituted in the name of the Board must, in the absence of evidence to the contrary, be taken to have been instituted by the Board. 87. Identification (1) The Board must issue an identification card to each person appointed by the Board to apply for or execute search warrants for the purposes of this Act. (2) A person appointed by the Board must, in the course of performing his or her functions under this Act, produce his or her identification card to any person who requests its production. 88. Powers of entry with warrant (1) A person appointed for that purpose by the Board may apply to a magistrate for the issue of a search warrant in relation to particular premises if that person believes, on reasonable grounds-- (a) that there is or has been a contravention of this Act or the regulations on the premises; or (b) that entry into or onto the premises is necessary for the purpose of investigating a complaint made under this Act which, if substantiated, may provide grounds for the suspension or cancellation of registration of a practitioner. (2) If a magistrate is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is on the premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations or of grounds for the suspension or cancellation of the registration of a practitioner, the magistrate may issue a search warrant authorising any person named in the warrant-- (a) to enter the premises or the part of the premises named or described in the warrant; and (b) to search for and seize a thing named or described in the warrant; and (c) to bring the thing before the Court so that the matter may be dealt with according to law. (3) In addition to any other requirement, a search warrant issued for the purposes of this section must state-- (a) the offence or grounds of suspension or cancellation suspected; and (b) the premises to be searched; and (c) the name or a description of the thing to be searched for; 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 a 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. 89. Announcement before entry (1) Immediately before executing a search warrant, a person named in the warrant must announce that he or she is authorised by the warrant to enter the premises. (2) The person need not comply with sub-section (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure the safety of any person or that the effective execution of the search warrant is not frustrated. 90. Copy of warrant to be given to occupier If the occupier or another person who apparently represents the occupier is present at premises when a search warrant is being executed, the person or persons named in the warrant must-- (a) identify themselves to that person by producing their identification card for inspection by that person; and (b) give to that person a copy of the execution copy of the warrant. 91. Copies or receipts to be given (1) If a person seizes-- (a) a document, disk or tape or other thing that can be readily copied; or (b) a storage device the information in which can be readily copied-- under a warrant the person, on request by the occupier, must give a copy of the thing or information to the occupier as soon as practicable after the seizure. (2) If a person seizes a thing under a warrant and has not provided a copy of the thing or information under sub-section (1) the person must provide a receipt for that thing as soon as practicable after the seizure. 92. Powers of Board in relation to fees (1) The Board may fix any fee that is required or permitted to be fixed by the Board by this Act. (2) In the case of any fee which the Board is empowered to fix under this Act-- (a) the Board must fix the fee for a period of 12 (a) the Board must fix the fee for a period of 12 months and may amend or va the fee at the end of that period; and (b) the Board may fix a different fee for a different case and may allow for the reduction, waiver or refund, in whole or in part, of any fee; and (c) the Board must publish any fee it has fixed in a newspaper circulating generally throughout Victoria and in the Government Gazette. (3) In fixing fees under this Act the Board is entitled to ensure that the amount of money collected in fees under this Act is sufficient to cover the cost to the Board of administering this Act. |
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