Victorian Current Acts

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LABOUR HIRE LICENSING ACT 2018 - SECT 74

Entry without consent or warrant

    (1)     Subject to subsection (3), for the purpose of monitoring compliance with this Act or the regulations, an inspector may do all or any of the following—

        (a)     enter and search, at any time during the normal business hours of the business being conducted at the premises—

              (i)     any premises at which the business of providing labour hire services is being conducted by a person who is the holder of a licence, or a person whom the inspector reasonably believes is providing labour hire services without a licence, unless the inspector reasonably believes that the person is not at the premises; and

              (ii)     any premises at which the inspector reasonably believes a worker for a person referred to in subparagraph (i) is or has been performing work, unless the inspector reasonably believes that the occupier is not at the premises; and

              (iii)     any premises, at which the inspector reasonably believes there are records or documents, or a person working at the premises who knows information, relevant to the conduct of a business of providing labour hire services, unless the inspector reasonably believes that the occupier is not at the premises;

        (b)     seize or secure against interference any thing that the inspector believes on reasonable grounds to be connected with a contravention of this Act or the regulations that is found in or on premises referred to in paragraph (a);

        (c)     inspect and make copies of, or take extracts from, any document kept in or on premises referred to in paragraph (a);

        (d)     require a person to produce a document or part of a document located at the premises referred to in paragraph (a);

        (e)     require a person at the premises referred to in paragraph (a) to answer any questions put by the inspector;

        (f)     make any still or moving image, audio recording or audiovisual recording at or of premises referred to in paragraph (a).

    (2)     A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1).

Penalty:     In the case of a natural person, 150 penalty units;

    In the case of a body corporate, 750 penalty units.

    (3)     For the purposes of subsection (1), premises excludes any part of a place of business which is the permanent place of residence of a person referred to in subsection (1)(a)(i).



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