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s 488

Power to enter and inspect

In force
Chapter 11Industrial tribunals and registry
Part 2Industrial relations commission
Division 4Particular powers of commission
Subdivision 13Entry and inspection

488 Power to enter and inspect

(1)

A member, an officer of the commission or another person with a member’s written authority (a commission official), may—

(a)

enter a workplace in relation to which—

(i)

an industrial dispute exists, is impending or threatened, or is likely to arise; or

(ii)

an industrial matter exists; or

(iii)

an industrial instrument or permit exists; or

(iv)

a member of the commission reasonably suspects an offence against this Act has been, or is being, committed; and

(b)

inspect any work, machinery, appliance, materials, article or thing in or on the workplace; and

(c)

question a person in or on the workplace about a matter relevant to the commission’s concern with the workplace.

(2)

A power under subsection (1) may be exercised only during working hours at the workplace.

(3)

If a commission official is seeking to exercise a power under subsection (1), a person must not—

(a)

refuse or unduly delay the official’s entry to the workplace; or

(b)

fail to answer a question as required under subsection (1)(c), unless the person has a lawful excuse; or

(c)

wilfully give false information or make a false statement to the official.

Maximum penalty—100 penalty units or 1 year’s imprisonment.

(4)

In this section—

workplace means a place where—

(a)

a calling is carried on; or

(b)

work has been, or is being, performed; or

(c)

another activity has happened, or is happening.

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