Document ID: chunk:federal_register_of_legislation:C2004A01222:clause:2_542:p1
Version: federal_register_of_legislation:C2004A01222
Segment Type: clause
Provision Reference: sch 2 cl 542 (pt 1/2)
Character Range: 31150–33779

542  Powers of inspectors

Purpose for which powers of inspectors can be exercised

 (1) The powers of an inspector under this section may be exercised for the purpose of ascertaining whether section 541 is being, or has been, observed.

Powers of inspectors

 (2) The powers of an inspector are:
 (a) to, without force, enter:
 (i) premises on which the inspector has reasonable cause to believe that work to which section 541 applies is being or has been performed; or
 (ii) a place of business in which the inspector has reasonable cause to believe that there are documents relevant to the purpose set out in subsection (1); and
 (b) on premises or in a place referred to in paragraph (a):
 (i) to inspect any work, material, machinery, appliance, article or facility; and
 (ii) as prescribed, to take samples of any goods or substances; and
 (iii) to interview any person; and
 (iv) to require a person having the custody of, or access to, a document relevant to that purpose to produce the document to the inspector within a specified period; and
 (v) to inspect, and make copies of or take extracts from, a document produced to him or her; and
 (c) to require a person, by notice, to produce to the inspector a document relevant to the purpose set out in subsection (1).

When may the powers be exercised?

 (3) An inspector may exercise the powers in subsection (2) at any time during ordinary working hours or at any other time at which it is necessary to do so for the purpose set out in subsection (1).

 (4) If a person who is required under subparagraph (2)(b)(iv) to produce a document contravenes the requirement, an inspector may, by written notice served on the person, require the person to produce the document at a specified place within a specified period (not being less than 14 days).

 (5) Where a document is produced to an inspector under paragraph (2)(c) or subsection (4), the inspector may:
 (a) inspect, and make copies of or take extracts from, the document; and
 (b) retain the document for such period as is necessary for the purpose of exercising powers or performing functions as an inspector.

 (6) During the period for which an inspector retains a document, the inspector must permit the person otherwise entitled to possession of the document, or a person authorised by the person, to inspect, and make copies of or take extracts from, the document at all reasonable times.

Notices under paragraph (2)(c)

 (7) The notice referred to in paragraph (2)(c) must:
 (a) be in writing; and
 (b) be served on the person; and
 (c) require the person to produce the document at a specified place