(1)

An ABC Inspector may exercise powers under this section for the following purposes ( compliance purposes ):

(a) ascertaining whether a designated building law has been complied with, or is being complied with, by a building industry participant;
(b) ascertaining whether a court order relating to a designated building law has been complied with, or is being complied with, by a building industry participant;
(c) ascertaining whether the Building Code has been complied with, or is being complied with, by a building industry participant.

Note: Section 27 specifies the persons who can be required to comply with the Building Code.

(2)

The powers may be exercised at any time during ordinary working hours or at any other time at which it is necessary to do so for compliance purposes.

(3)

An ABC Inspector may, without force, enter:

(a) any premises on which the inspector has reasonable cause to believe that building work is being carried out, or has been carried out, being building work:
(i) to which a Commonwealth industrial instrument applies or applied; or
(ii) to which the Building Code applies or applied; or
(b) any premises on which the inspector has reasonable cause to believe that there are documents relevant to compliance purposes; or
(c) any premises on which the inspector has reasonable cause to believe that a breach by a building industry participant of a designated building law or the Building Code, has occurred, is occurring or is likely to occur.

(4)

Subsection (3) does not authorise entry onto a part of premises if that part is used for residential purposes.

(5)

An ABC Inspector may do any of the following on premises referred to in subsection (3):

(a) inspect any work, material, machinery, appliance, article or facility;
(b) as prescribed by the regulations, take samples of any goods or substances;
(c) interview any person;
(d) inspect, and make copies of, any document that is on the premises, or is accessible from a computer that is kept on the premises, being a document that the inspector believes, on reasonable grounds, to be relevant to compliance purposes;
(e) require a person who has the custody of, or access to, a document to produce the document to the inspector within a specified period.

(6)

If a person fails to comply with a requirement under subsection (5) to produce a document, an ABC 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).

(7)

Where a document is produced to an ABC Inspector under paragraph (5)(e) or subsection (6), the inspector may:

(a) inspect and copy the document; and
(b) if the inspector gives a receipt to the person who produced the document—retain the document for as long as necessary for the purpose of exercising powers or performing functions as an ABC Inspector.

(8)

While an ABC Inspector retains a document, the inspector must permit the document to be inspected and copied, at any reasonable time, by:

(a) the person otherwise entitled to possession of the document; or
(b) a person authorised by the person otherwise entitled to possession of the document.

(9)

An ABC Inspector may, without force, enter business premises in which a person ordinarily performs work or conducts business if the inspector has reasonable cause to believe that the person has information relevant to compliance purposes.

(10)

An ABC Inspector must not enter business premises under subsection (9) if the inspector has reasonable cause to believe that the person concerned is not in that place.

(11)

An ABC Inspector who enters premises under subsection (9) may interview the person concerned in that place.

(12)

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 .

(13)

Before entering premises under this section, an ABC Inspector must announce that the inspector is authorised to enter the place. If the occupier or another person who apparently represents the occupier is present, the inspector must produce the inspector's identity card to that person for inspection.

(14)

The occupier of premises must not refuse or unduly delay entry to the premises by an ABC Inspector exercising powers under this section.

Note: Grade A civil penalty.

(15)

In this section: