New South Wales Consolidated Acts

APPRENTICESHIP AND TRAINEESHIP ACT 2001 - SECT 67

67 Powers of entry to premises

(1) An industry training officer may exercise any one or more of the following powers for the purpose of exercising the functions of such an officer under this Act:

(a) the officer may enter any premises or place in or on which a recognised trade vocation or recognised traineeship vocation is conducted,

(b) the officer may examine:

(i) any plant, equipment, material or substance used in relation to any such vocation, and

(ii) any document relating to any such vocation,

found in or on the premises or place,

(c) the officer may take copies of, or extracts or notes from, any document relating to any such vocation found in or on the premises or place,

(d) the officer may require any person found in or on the premises or place to produce:

(i) any plant, equipment, material or substance used in relation to any such vocation, or

(ii) any document relating to any such vocation,

that is in the possession or under the control of that person.

(2) A person must not fail to comply with a requirement made by an industry training officer under subsection (1) (d).

Maximum penalty: 20 penalty units.

(3) An industry training officer may exercise any power conferred by this section at any reasonable time during normal business hours.

(4) This section does not authorise the exercise of any power conferred by this section in or on any residential premises or in relation to any person found in or on any residential premises.

(5) In exercising in or on any premises or place any power conferred by this section, an industry training officer:

(a) must, if required to do so by a person apparently occupying the premises or place, produce to that person the officer’s certificate of identification, and

(b) must, as far as practicable, avoid doing anything which is likely to impede the lawful conduct of any vocation being carried out in or on the premises or place.

(6) For the purposes of this section, an industry training officer is to be issued with a certificate of identification that is in or to the effect of the form prescribed by the regulations.

(7) An industry training officer who is not a public servant does not have, and may not exercise, the powers conferred by this section.