Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:19:p9
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 19 (pt 9/14)
Character Range: 209330–212069

of paragraph 671(1)(b) of the Act, the following classes of employees are prescribed:
 (a) APS employees who hold or perform duties of an Executive Level 1 position, or an equivalent position;
 (b) APS employees who hold or perform duties of an Executive Level 2 position, or an equivalent position.

Part 5‑2—Office of the Fair Work Ombudsman

Division 3—Office of the Fair Work Ombudsman

Subdivision D—Functions and powers of Fair Work Inspectors—general

5.05  Powers and functions of inspectors—notification of failure to observe requirements
  If an inspector is satisfied that a person has failed to observe a requirement imposed by or for the Act, these Regulations or a fair work instrument, the inspector may, by notice in writing:
 (a) inform the person of the failure; and
 (b) require the person to take the action specified in the notice, within the period specified in the notice, to rectify the failure; and
 (c) require the person to notify the inspector in accordance with the notice of any action taken to comply with the notice; and
 (d) advise the person of the actions the inspector may take if the person fails to comply with the notice.

Subdivision DA—Power to enter premises

5.06  Powers of inspectors while on premises—taking samples of goods and substances
  For paragraph 709(f) of the Act, an inspector must not take a sample of goods or a substance until the inspector has informed:
 (a) the owner; or
 (b) another person in charge of the goods or substances; or
 (c) a representative of the owner or other person;
of the inspector's intention to take the sample.

Subdivision DB—Powers to ask questions and require records and documents

5.07  Definitions for Subdivision DB
  In this Subdivision:
public transport means any form of passenger transport that is available for use by the public on payment of a fare.
specified place means the place specified in the FWO notice under paragraph 712AC(d) of the Act as the place for the attendance.
Taxation Office Determination means the determination that sets out the amounts that the Commissioner of Taxation considers are reasonable for the purposes of the substantiation exception in Subdivision 900‑B of the Income Tax Assessment Act 1997 for domestic travel allowance expenses and reasonable overtime meal allowance expenses, as in force or existing when this regulation commences.

5.08  Form of FWO notice
  For the purposes of paragraph 712AC(a) of the Act:
 (a) Form 1 of Schedule 5.3 to these Regulations sets out the form of an FWO notice that requires a person to give information to the Fair Work Ombudsman or a specified member of the staff of the Office of the Fair Work Ombudsman; and
 (b) Form 2 of Schedule 5.3 to these Regulations sets out