South Australian Numbered Acts

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INDUSTRIAL LAW REFORM (FAIR WORK) ACT 2005 (NO 3 OF 2005) - SECT 49

49—Amendment of section 104—Powers of inspectors

        (1)         Section 104(1)(a)—delete paragraph (a) and substitute:

            (a)         enter any workplace; and

        (2)         Section 104(2)—delete subsection (2) and substitute:

        (2)         An inspector must, when entering or as soon as practicable after entering a place under this section, produce his or her identity card for inspection by the occupier or person in charge of the place.

        (3)         Section 104—delete subsection (4) and substitute:

        (4)         In addition to the powers set out in subsections (1) and (3), if an inspector has reason to believe that a document required to be kept by an employer under this Act or any other Act is not accessible during an inspection under subsection (3), the inspector may, by notice in writing to an employer, require the employer to produce the document to the inspector within a reasonable period (of at least 24 hours) specified by the inspector.

        (4a)         A document produced under subsection (3) or (4) may be retained by the inspector for examination and copying (and, accordingly, the inspector may take it away), subject to the qualification that the inspector must then return the document within 7 days.

        (4)         Section 104(5)(a)—delete "take away a" and substitute:

retain an original

        (5)         Section 104(5)(b)—delete paragraph (b) and substitute:

            (b)         the inspector may not retain the original of a document that is required for the day-to-day operations of the employer (but the inspector may copy it at the time of its production).



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