Education and Training Reform Act 2006

For the purposes of monitoring compliance with the relevant law, an authorised officer may, subject to this section—

enter and search any relevant premises;

open an unlocked door, panel, object or other thing or open an unlocked place at the premises;

move, but not take away, any thing on the premises that is not locked or sealed;

check the existence of and inspect any facilities or equipment required to be installed, used or maintained on the premises by a relevant law;

in the case of any document required to be kept on the premises by a relevant law—

require the document to be produced for examination;

inspect and make copies of, or take extracts from, the document or arrange for the making of copies or the taking of extracts to be done on the premises or elsewhere;

remove the document for so long as is reasonably necessary to make copies or take extracts from the document;

inspect any thing found on or in the premises that the officer believes on reasonable grounds provides, or may on further inspection provide, evidence of a contravention of a relevant law;

use any assistants the officer considers necessary to exercise the powers conferred by this section.

Before requiring a person to comply with a requirement to assist the authorised officer in the exercise of a power under subsection (1) the officer must—

warn the person that a refusal or failure to comply with the requirement, without reasonable excuse, is an offence; and

warn the person that it is an offence to hinder, obstruct or delay an authorised officer in the exercise of a power under subsection (1); and

inform the person of the effect of section 5.8.3S.

An authorised officer may only enter relevant premises and exercise a power under subsection (1) at any reasonable hour in the daytime or at any time that the premises are open to the public, unless the occupier has consented to the entry and to the exercise of the power at a time outside of those times.

An authorised officer must not enter, or exercise a power under subsection (1) in, any part of relevant premises that is used for residential purposes.

An authorised officer must not enter relevant premises under this section if it is unattended.

If an authorised officer enters relevant premises under this section and finds it unattended, the officer must—

leave a notice for the occupier—

informing the occupier that an entry has occurred; and

setting out the provisions of this Act under which the officer had entered the premises; and

setting out the officer's contact details; and

immediately leave the premises.

An authorised officer may exercise powers under this section only to the extent that it is reasonably necessary to do so for the purposes of determining compliance with the relevant law.