Document ID: chunk:federal_register_of_legislation:C2008A00159:clause:1_140x
Version: federal_register_of_legislation:C2008A00159
Segment Type: clause
Provision Reference: sch 1 cl 140X
Character Range: 26145–28656

140X  Powers of inspectors

Purpose for which powers of inspectors can be exercised

 (1) The powers of an inspector may be exercised:
 (a) for the purpose of determining whether a sponsorship obligation is being, or has been, complied with; or
 (b) for a purpose prescribed by the regulations.

Powers of inspectors

 (2) An inspector has the following powers:
 (a) if the inspector has reasonable cause to believe that there is information, documents or any other thing relevant to the purposes mentioned in subsection (1) at business premises or another place—to enter, without force, those premises or that place;
 (b) once the inspector has entered those premises or that place—to:
 (i) inspect any work, material, machinery, appliance, article or facility; and
 (ii) interview any person; and
 (iii) require a person who has custody of, or access to, a document or thing relevant to the purposes mentioned in subsection (1) to produce the document or thing to the inspector within a specified period; and
 (iv) require a person to tell the inspector who has custody of a document or thing;
 (c) to require a person, by written notice, to produce a document or thing to the inspector at a specified place within a specified period (of not less than 7 days);
 (d) any other power prescribed by the regulations.

Note 1: Paragraph (c)—failure to produce a document or thing under paragraph (2)(c) may be an offence under section 140Z.

Note 2: Paragraph (c)—subsection 140Y(3) deals with the methods by which the notice must be given to the person.

 (3) To avoid doubt, an inspector may exercise the power to require a person to produce a document or thing (as mentioned in paragraph (2)(c)) even if the inspector has required the person to produce the document or thing when exercising power under subparagraph (2)(b)(iii).

Note: Failure to produce a document or thing under paragraph (2)(c) may be an offence under section 140Z.

 (4) An inspector is not entitled to exercise powers in relation to, or remain on, business premises or another place if:
 (a) the occupier of those premises or that place requires the inspector to produce his or her identity card for inspection by the occupier; and
 (b) the inspector fails to comply with the requirement.

When may the powers be exercised?

 (5) An inspector may exercise the powers in subsection (2):
 (a) at any time during ordinary working hours; or
 (b) at any other time when it is necessary to do so for the purposes set out in subsection (1).