Document ID: chunk:federal_register_of_legislation:C2019C00013:section:11
Version: federal_register_of_legislation:C2019C00013
Segment Type: section
Provision Reference: s 11
Character Range: 15202–17174

11  Requests for on‑site inspections
 (1) If a request for an on‑site inspection (within the meaning of the Treaty) in Australia is made under Article IV of the Treaty:
 (a) the Director may give the Organization any information or documents about occurrences that will help to clarify and resolve the concern raised in the request; and
 (b) the Minister may make a written declaration:
 (i) that the inspection is an on‑site inspection for the purposes of this Act; and
 (ii) that the area specified in the declaration is an inspection area for the purposes of this Act.
 (2) An Organization inspector may, anywhere in an inspection area, enter premises and exercise on the premises any on‑site inspection powers for an on‑site inspection purpose, either:
 (a) with the consent of the occupier of the premises; or
 (b) under a warrant issued to a national inspector under section 21 in relation to the premises;
subject to sections 27 and 28.
 (3) A national inspector:
 (a) may accompany an Organization inspector while the Organization inspector exercises powers in the circumstances mentioned in paragraph (2)(a); and
 (b) must accompany an Organization inspector while the Organization inspector exercises powers in the circumstances mentioned in paragraph (2)(b).
 (4) An Organization inspector must not exercise any powers in the circumstances mentioned in paragraph (2)(a) in relation to premises in an inspection area if:
 (a) the occupier of the premises has required the Organization inspector to show written proof of his or her identity; and
 (b) the Organization inspector fails to comply with the requirement.
 (5) A national inspector must not accompany an Organization inspector in the circumstances mentioned in paragraph (2)(a) in relation to premises in an inspection area if:
 (a) the occupier of the premises has required the national inspector to show his or her identity card; and
 (b) the national inspector fails to comply with the requirement.