Document ID: chunk:federal_register_of_legislation:C2024C00627:section:40
Version: federal_register_of_legislation:C2024C00627
Segment Type: section
Provision Reference: s 40
Character Range: 51899–52780

40  Powers available to inspectors for monitoring compliance
 (1) For the purpose of finding out whether this Act has been complied with or of assessing the correctness of information provided under this Act, an inspector may:
 (a) do both of the following:
 (i) enter any premises;
 (ii) exercise the monitoring powers set out in section 41; or
 (b) do both of the following:
 (i) enter a public area of business premises when the premises are open to the public;
 (ii) exercise the powers set out in section 41A.
 (2) However, an inspector is not authorised to enter premises under paragraph (1)(a) unless:
 (a) the occupier of the premises has consented to the entry; or
 (b) the entry is made under a monitoring warrant.
 (3) Paragraph (1)(b) does not affect any right of the occupier of business premises to refuse to allow an inspector to enter, or remain on, the premises.