3AAccess to lands, buildings etc.

3A Access to lands, buildings etc. S. 3A(1) amended by Nos 55/1989 s. 11(4), 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 29)), 50/2024 s. 59. (1) The valuer-general, a deputy valuer-general and any valuer appointed or employed pursuant to the provisions of this Act or the **Local Government Act 1989** may, when reasonably necessary for the purposes of any valuation, enter at all reasonable hours in the daytime into and upon any land building or premises and inspect the same without liability for trespass, may put either verbally or in writing to the owner or his agent or the person in occupation or charge of that land building or premises any relevant questions to enable the making of a true and correct valuation, and may, in the case of a valuation made pursuant to paragraph (a) or (b) of subsection (5) of section 3, inspect any books documents and papers for the purpose of such valuation and without charge take extracts therefrom. S. 3A(2) amended by No. 10/2004 s. 15(Sch. 1 item 33.1(a) (b)). (2) If after being informed of the purpose in desiring to enter and inspect the land building or premises or in putting the questions or in seeking to inspect such books documents or papers relevant to the making of a true and correct valuation, and of the authority so to do, any such owner agent or person refuses or fails to allow such entry or inspection, or refuses or wilfully omits to answer to the best of his knowledge or belief any such question either verbally or in writing as the questioner may have requested, or wilfully makes any false answer or statement in reply to that question, or refuses to allow such books documents or papers to be inspected or extracts taken therefrom, he shall be guilty of an offence against this Act and liable to a penalty not exceeding 2 penalty units. S. 3A(3) amended by Nos 8649 s. 4(a), 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 29)). (3) Every person appointed or employed pursuant to section 3 for the purposes of this Act— S. 3A(3)(a) amended by Nos 8649 s. 4(b), 55/1989 s. 6. (a) shall maintain and aid in maintaining the secrecy of all matters related to any information obtained or documents created by the valuer-general for the purpose of providing valuation advice and shall not communicate any such matter to any person whomsoever except for the purposes of this Act; and S. 3A(3)(b) amended by Nos 57/1989 s. 3(Sch. item 208.1), 6/2018 s. 68(Sch. 2 item 130), 50/2024 s. 59. (b) shall take such oath or affirmation of fidelity and secrecy as may be prescribed, and the oath or affirmation may be administered by the valuer-general, a deputy valuer-general or a magistrate. S. 3A(4) amended by Nos 10/2004 s. 15(Sch. 1 item 33.2(a) (b)), 6/2018 s. 68(Sch. 2 item 130). (4) A person required under this section to take an oath or affirmation who acts in the execution of the provisions of subsection (3) before he has taken such oath or affirmation shall be guilty of an offence against this Act and liable to a penalty not exceeding 4 penalty units. S. 3A(5) amended by Nos 10/2004 s. 15(Sch. 1 item 33.3(a) (b)), 6/2018 s. 68(Sch. 2 item 130). (5) A person required under this section to take an oath or affirmation who wilfully acts in contravention of the true intent of such oath or affirmation shall be guilty of an offence against this Act and liable to a penalty not exceeding 10 penalty units or imprisonment not exceeding 12 months or both. S. 3A(6) inserted by No. 52/1998 s. 308. (6) Despite subsection (3), the Secretary of the Department administering this Act has access to any material that is— (a) required by the Secretary for the purposes of the **Freedom of Information Act 1982**; and (b) prepared under or for the purposes of this Act.