Power to obtain, inspect and copy records
76 Power to obtain, inspect and copy records
An inspector may, in writing, require any of the following to give the inspector information, or produce documents or anything else, that the person has, or has access to, that are reasonably required by the inspector for this Act:
an employer for a covered industry;
a voluntary member for a covered industry;
a bank or other financial institution that holds accounts for an employer, or voluntary member, for a covered industry;
an accountant or bookkeeper engaged by an employer, or voluntary member, for a covered industry.
Example request and obtain by email a list of employees
An inspector who enters premises under this part may, for this Act, do 1 or more of the following in relation to the premises or anything at the premises:
examine anything;
examine and copy, or take extracts from, documents relating to a contravention, or possible contravention, of this Act;
take photographs, films, or audio, video or other recordings;
require the occupier, or anyone at the premises, to give information, answer questions, or produce documents or anything else (whether the information, document or other thing is at the premises or elsewhere) that the occupier or person at the premises has, or has access to, that are reasonably necessary to exercise a function under this Act;
require the occupier, or anyone else at the premises, to give the inspector copies of documents produced under paragraph (d) that are reasonably necessary to exercise a function under this Act;
require the occupier, or anyone else at the premises, to give the inspector reasonable help to exercise a power under this part.
Example—par (d)
An inspector is conducting an inspection at a construction site. The inspector forms the view that relevant documents are held at the head office of the company operating the construction site. A person at the premises may be required to produce the documents that are held at the head office.
Note 1 A reference to an Act includes a reference to statutory instruments made or in force under the Act, including regulations and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).
Note 2 The Legislation Act, s 171 deals with the application of client legal privilege.
A person must take reasonable steps to comply with a requirement made of the person under subsection (1) or subsection (2) (d), (e) or (f).
Maximum penalty: 50 penalty units.
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