Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 169

Purpose for which powers of inspectors can be exercised

             (1)  The powers of a workplace inspector under this section may be exercised:

                     (a)  for the purpose of determining whether any of the following are being, or have been, observed:

                              (i)  workplace agreements;

                             (ii)  awards;

                            (iii)  the Australian Fair Pay and Conditions Standard;

                            (iv)  minimum entitlements and orders under Part 12;

                             (v)  the requirements of this Act and the regulations; or

                     (b)  for the purposes of a provision of the regulations that confers powers or functions on inspectors.

Note:          Workplace determinations are treated for the purposes of the Act as if they were collective agreements (see section 506). Undertakings are treated the same way (see section 394). This means that inspectors also have powers in relation to those instruments.

Powers of inspectors

             (2)  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 instrument or entitlement mentioned in subparagraphs (1)(a)(i) to (iv) 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 person; 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

                            (vi)  to require a person to tell the inspector who has custody of a document; and

                     (c)  to require a person, by notice, to produce a document to the inspector.

Note:          Contravening a requirement under subparagraph (b)(iv) or paragraph (c) may be an offence under section 819.

When may the powers be exercised?

             (3)  An inspector may exercise the powers in subsection (2) 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).

             (4)  If a person who is required under subparagraph (2)(b)(iv) to produce a document contravenes the requirement, an 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).

Note:          Contravening a requirement under this section to produce a document may be an offence under section 819.

             (5)  Where a document is produced to an inspector under paragraph (2)(c) or subsection (4), the inspector may:

                     (a)  inspect, and make copies of or take extracts from, the document; and

                     (b)  retain the document for such period as is necessary for the purpose of exercising powers or performing functions as an inspector.

             (6)  During the period for which an inspector retains a document, the inspector shall permit the person otherwise entitled to possession of the document, or a person authorised by the person, to inspect, and make copies of or take extracts from, the document at all reasonable times.

Notices under paragraph (2)(c)

             (7)  The notice referred to in paragraph (2)(c) must:

                     (a)  be in writing; and

                     (b)  be served on the person; and

                     (c)  require the person to produce the document at a specified place within a specified period of not less than 14 days.

Service may be effected by sending the notice to the person's fax number.

Person must produce document even if it may incriminate them

             (8)  A person is not excused from producing a document under this section on the ground that the production of the document may tend to incriminate the person.

Limited use immunity for documents produced

             (9)  If an individual produces a document under this section, the document produced and any information or thing (including any document) obtained as a direct or indirect consequence of the production of the document is not admissible in evidence against the individual in any criminal proceedings unless it is proceedings for an offence against section 819.

           (10)  If an inspector proposing to enter, or being on, premises is required by the occupier to produce evidence of authority, the inspector is not entitled to enter or remain on the premises without producing to the occupier the inspector's identity card.

In Australia's exclusive economic zone

           (11)  Subsection (2) extends to premises, and places of business, that:

                     (a)  are in Australia's exclusive economic zone; and

                     (b)  are owned or occupied by an Australian employer.

This subsection has effect subject to Australia's obligations under international law concerning jurisdiction over ships that fly the flag of a foreign country and aircraft registered under the law of a foreign country.

On Australia's continental shelf outside exclusive economic zone

           (12)  Subsection (2) also extends to premises, and places of business, that:

                     (a)  are outside the outer limits of Australia's exclusive economic zone, but in, on or over a part of Australia's continental shelf that is prescribed by the regulations for the purposes of this subsection; and

                     (b)  are connected with the exploration of the continental shelf or the exploitation of its natural resources; and

                     (c)  meet the requirements that are prescribed by the regulations for that part.

Note:          The regulations may prescribe different requirements relating to different parts of Australia's continental shelf. The regulations may need to do so to give effect to Australia's international obligations.