VICIn ForceAct
Education and Care Services National Law Act 2010
200Powers of entry to business premises
Start here
Get a plain-English read of 200
Turn the raw legal text into a practical explanation grounded in Education and Care Services National Law Act 2010.
200 Powers of entry to business premises
Sch. s. 200(1) amended by No. 9/2017 s. 55, substituted by No. 53/2025 s. 97(1).
(1) An authorised officer may exercise powers under this section if the authorised officer reasonably suspects that documents or other evidence relevant to the possible commission of an offence against this Law by an approved provider of an education and care service are present at—
(a) the principal office of the approved provider; or
(b) any other business office of the approved provider; or
(c) the principal office of a related provider of the approved provider; or
(d) any other business office of a related provider of the approved provider.
(2) The authorised officer, with the consent of the occupier of the premises, may enter the premises and do any of the following—
(b) inspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises;
(e) take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this subsection;
(f) require the occupier of the premises, or a person at the premises, to give the authorised officer information to help the authorised officer in conducting the investigation.
(3) An authorised officer must not enter and search the premises with the consent of the occupier unless, before the occupier consents to that entry, the authorised officer has—
(a) produced his or her 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 give consent to the entry and search or to 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.
Sch. s. 200(4) inserted by No. 53/2025 s. 97(2).
(4) An authorised officer must not enter the principal office of a related provider of the approved provider or any other business office of a related provider of the approved provider under this section unless the authorised officer is satisfied that—
(a) there is a systemic risk in relation to the approved provider; and
(b) the entry is reasonably necessary to address the systemic risk.
Sch. s. 200A inserted by No. 9/2017 s. 56.