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s 338

Revoking and suspending officer’s authorisation

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Chapter 9Records and wages
Part 1Employers records
Division 2Authorised officers

338 Revoking and suspending officer’s authorisation

(1)

The following persons may apply to the commission for an authorised officer’s authority under section 337 to be revoked or suspended—

(a)

an employer;

(b)

a person required to produce a record under section 345.

(2)

If, after considering an application under subsection (1), the commission considers an authorised officer has abused the officer’s powers, the commission may—

(a)

revoke the officer’s authorisation; or

(b)

suspend the officer’s authorisation for a period it considers appropriate; or

(c)

attach conditions to the officer’s authorisation it considers appropriate.

(3)

For subsection (2), an authorised officer has abused the officer’s powers if the officer has—

(a)

contravened a condition of the authorisation; or

(b)

entered an employer’s workplace other than under section 348; or

(c)

contravened section 348(2); or

(d)

exercised the officer’s power to enter in an unreasonable or vexatious way; or

(e)

made unreasonable, vexatious or inappropriate use of information obtained from inspecting a record made available because of the officer’s powers as an authorised officer.

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