Owner-Drivers (Contracts and Disputes) Act 2007

For the purpose of investigating a suspected breach referred to in section 35, an authorised representative may —

subject to subsection (2), require the hirer to produce for the authorised representative’s inspection, during working hours at the workplace or at any mutually convenient time and place, a record or other document kept by the hirer that is related to the suspected breach; and

make copies of the record or other document related to the suspected breach; and

during working hours at the workplace, inspect, and take photographs, film and audio, video or other recordings of, any work, material, machinery or appliance that is relevant to the suspected breach.

An authorised representative must not require the hirer to produce a record or other document unless, before exercising the power, the representative has given the hirer —

if the record or other document is kept at the workplace where the owner‑driver works — at least 24 hours’ written notice of the requirement; or

if the record or other document is kept elsewhere — at least 48 hours’ written notice of the requirement.

The Tribunal may, on the ex parte application of the authorised representative, waive the requirement under subsection (2) to give the hirer notice of an intended exercise of a power if the Tribunal is satisfied that to give such notice would defeat the purpose for which the power is intended to be exercised.

If the requirement for notice is waived under subsection (3) —

the Tribunal must give the authorised representative a certificate authorising the exercise of the power without notice; and

the authorised representative must, after entering the workplace and before requiring the production of the record or other document, give the person who is the occupier of the workplace the certificate or a copy of the certificate.

Nothing in this section limits or otherwise affects the powers of an inspector under this Act.