Power to enter and inspect
488 Power to enter and inspect
A member, an officer of the commission or another person with a member’s written authority (a commission official), may—
enter a workplace in relation to which—
an industrial dispute exists, is impending or threatened, or is likely to arise; or
an industrial matter exists; or
an industrial instrument or permit exists; or
a member of the commission reasonably suspects an offence against this Act has been, or is being, committed; and
inspect any work, machinery, appliance, materials, article or thing in or on the workplace; and
question a person in or on the workplace about a matter relevant to the commission’s concern with the workplace.
A power under subsection (1) may be exercised only during working hours at the workplace.
If a commission official is seeking to exercise a power under subsection (1), a person must not—
refuse or unduly delay the official’s entry to the workplace; or
fail to answer a question as required under subsection (1)(c), unless the person has a lawful excuse; or
wilfully give false information or make a false statement to the official.
Maximum penalty—100 penalty units or 1 year’s imprisonment.
In this section—
workplace means a place where—
a calling is carried on; or
work has been, or is being, performed; or
another activity has happened, or is happening.
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