New South Wales Consolidated Acts

VOCATIONAL EDUCATION AND TRAINING ACT 2005 - SECT 43

43 Powers of inspectors

(1) An inspector may, for the purposes of conducting a compliance audit or ascertaining whether or not the provisions of this Act have been complied with:

(a) enter the premises of a training organisation or person who provides courses for overseas students (including the premises at which any course provided by the training organisation or person is conducted), and

(b) inspect the premises, any documents found on the premises and the conduct of any course at the premises, and

(c) remove, or make copies of, any such documents.

(2) The powers conferred by this section may be exercised only during the ordinary operating hours of the premises concerned and may not be exercised in any part of premises that is used for residential purposes.

(3) In exercising the powers conferred by this section, an inspector:

(a) must, if requested to do so by any person on the premises, produce his or her certificate of identification for inspection by that person, and

(b) must avoid, as far as practicable, doing anything that is likely to impede the conduct of any course at the premises.

(4) A person must not assault, delay, obstruct, hinder or impede an inspector in the exercise of the inspector’s functions under this Act.

Maximum penalty (subsection (4)): 10 penalty units.