Document ID: chunk:federal_register_of_legislation:C2004A01222:clause:1_2
Version: federal_register_of_legislation:C2004A01222
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 4771–6399

2  Subsection 86(1)
Repeal the subsection, substitute:

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 awards and certified agreements, and the requirements of this Act, are being, or have been, observed.

Powers of inspectors

 (1A) 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 an award or certified agreement 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 employee; 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?

 (1B) An inspector may exercise the powers in subsection (1A) 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).