Construction Occupations (Licensing) Act 2004

A compliance auditor may, during ordinary business hours and with any assistance that is necessary and reasonable, enter premises used by a licensed construction practitioner.

However, subsection (1) does not authorise entry into a part of premises that is being used for residential purposes unless—

the occupier or person apparently in charge of the premises consents to the entry; or

the entry is authorised under a search warrant.

The compliance auditor is not authorised to remain on the premises if, on request by or on behalf of the occupier or person apparently in charge of the premises, the compliance auditor does not produce the compliance auditor’s identity card.

The compliance auditor may do 1 or more of the following in relation to the premises:

inspect any document on the premises that relates to the licensee’s activities;

take an extract from or make a copy of any document that relates to the licensee’s activities;

require anyone on the premises to give the compliance auditor information about a document that relates to the licensee’s activities;

require a person apparently in charge of the premises—

to produce a document that relates to the licensee’s activities; or

to give the compliance auditor access to any electronic device on the premises in which information relevant to the licensee’s activities is stored; or

to print information mentioned in subparagraph (ii);

require the occupier, person apparently in charge of the premises or anyone at the premises to give the compliance auditor reasonable help to exercise a function under this section.

Examples of documents plan, map, book, drawing

Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.

A person must take reasonable steps to comply with a requirement made of the person under subsection (4) (c), (d) or (e).

Maximum penalty: 50 penalty units.

The occupier or person in charge of the premises must give the compliance auditor all reasonable facilities and assistance the compliance auditor needs for the effective exercise of the compliance auditor’s functions under this section.

Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.