South Australian Current Acts

LABOUR HIRE LICENSING ACT 2017 - SECT 36

36—Entry and inspection

        (1)         Subject to subsection (2), for the purposes of this Act, an authorised officer may at any reasonable time—

            (a)         enter and search any premises; and

            (b)         stop, enter and search any vessel or vehicle; and

            (c)         open any container, package or other item found in the premises, vessel or vehicle; and

            (d)         make any inspection; and

            (e)         conduct any analysis or test; and

            (f)         take any samples; and

            (g)         examine, copy and take extracts from any books or documents; and

            (h)         take any books or documents; and

                  (i)         seize and remove anything that constitutes evidence of an offence against this Act; and

            (j)         take photographs, films or video recordings; and

            (k)         take measurements and make notes; and

            (l)         give directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration, operation or enforcement of this Act.

        (2)         The following powers may only be exercised with the authority of a warrant issued by a magistrate:

            (a)         the power to enter and search—

                  (i)         premises that are not, or that are not reasonably suspected of being, a workplace; or

                  (ii)         any part of a workplace that is used only for residential purposes;

            (b)         the power to stop, enter and search a vessel or vehicle that is not a workplace;

            (c)         the powers under subsection (1)(c) and (i), insofar as they relate to items or things found in a vessel or vehicle that is not a workplace or in premises that are not, or are not reasonably suspected of being, a workplace,

(and the requirement for a power under subsection (1) to be exercised at a reasonable time does not apply if the power is exercised under the authority of, and in accordance with, a warrant).

        (3)         A person who, without reasonable excuse, fails to comply with a direction of an authorised officer under this section is guilty of an offence.

Maximum penalty: $20 000.

        (4)         The powers conferred by subsection (1) must be exercised so as to avoid any unnecessary disruption of, or interference with, the conduct of business or performance of work.

        (5)         In this section—

"workplace" has the same meaning as in the Work Health and Safety Act 2012 .