Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_209:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 209 (pt 1/2)
Character Range: 697985–700708

209  Rights of permit holder after entering premises

 (1) This section applies if a permit holder has entered premises under section 208 for the purpose of investigating a suspected breach.

Inspection of work etc. and interviewing employees

 (2) While on the premises, the permit holder may, for the purpose of investigating the suspected breach:
 (a) during working hours, inspect or view any work, material, machinery, or appliance, that is relevant to the suspected breach; and
 (b) during working hours, interview the following persons about the suspected breach:
 (i) employees who are members of the permit holder's organisation;
 (ii) employees who are eligible to become members of the permit holder's organisation.

 (3) For the avoidance of doubt, a refusal or failure by a person to participate in an interview under this section is not to be treated as conduct covered by section 149.1 of the Criminal Code.

Inspection of records while on the premises

 (4) While on the premises, the permit holder may, for the purpose of investigating the suspected breach, require an affected employer to allow the permit holder, during working hours, to inspect and make copies of, any records relevant to the suspected breach (other than non‑member records) that:
 (a) are kept on the premises by the employer; or
 (b) are accessible from a computer that is kept on the premises by the employer.

Inspection of records at later time

 (5) The permit holder may, for the purpose of investigating the suspected breach, by notice in writing, require an affected employer, on a later day or days specified in the notice:
 (a) to produce, or allow access to, all records, or particular records, relevant to the suspected breach (other than non‑member records), either at the premises or at another place that is agreed between the permit holder and the employer; and
 (b) to allow the permit holder, during working hours, to inspect and make copies of, any of those records.
The permit holder may give the notice while on the premises or within 5 days after the day on which the permit holder entered the premises.

 (6) A day specified in a notice to an employer under subsection (5) cannot be earlier than 14 days after the notice is given to the employer.

 (7) Before issuing a requirement to an affected employer under subsection (4) or (5), the permit holder must produce the permit holder's authority documents for inspection by the employer.

 (8) If a permit holder has given a notice to an employer under subsection (5) requiring the employer to produce, or allow access to, records at the premises, then the permit holder is entitled to enter the premises during working hours for the purpose of inspecting and