New South Wales Consolidated Acts New South Wales Consolidated Acts(cf 1926 ss 18A (1B)-(1E), (2D), (2E), 30B; 1987 s 274)
(1) In this section:
"authorised officer" means a member of staff authorised by the Authority or the Nominal Insurer for the purposes of this section.
"insurer" means a licensed insurer under this Act or the 1987 Act, former licensed insurer or self-insurer, and includes any insurance broker or commission agent engaged in workers compensation insurance business and (without limiting section 154M (2) of the 1987 Act) includes any scheme agent.
"premises" includes any structure, building, aircraft, vehicle, vessel and place (whether built on or not).
(2) An authorised officer may do any or all of the following:(a) on production of his or her authority, enter at any reasonable hour any premises used, or that the authorised officer reasonably suspects to be used, by an employer, insurer or agent (as defined in section 131) for the storage or custody of any record,(b) on production of his or her authority, enter at any reasonable hour any premises in or on which the authorised officer knows, or reasonably suspects, an employer, worker or insurer to be,(c) remain in or on premises while exercising any power conferred by this section,(d) require an employer, insurer or any other person in or on those premises to produce any such record that is in his or her possession or under his or her control and is capable of being produced,(e) require an employer, insurer or any other person having possession or control of any such record that is not written, or is not written in the English language, or is not decipherable on sight, to produce a statement, written in the English language and decipherable on sight, of the information contained in the record,(f) inspect, or make copies of or extracts from, a record produced pursuant to paragraph (d) or a statement produced pursuant to paragraph (e), or retain such a statement,(g) require an employer, insurer or any other person in or on those premises to answer questions relating to:(i) an injury to, or incapacity of, a worker, or(ii) the business or financial position of an insurer, or(iii) the observance of this Act, the 1987 Act or the regulations under those Acts.
(3) A person must not:(a) refuse or fail to allow an authorised officer to enter premises under this section, or(b) wilfully obstruct or delay an authorised officer when exercising any powers under this section, or(c) unreasonably refuse or fail to produce a record or statement to an authorised officer under this section, or(d) if an authorised officer informs a person that by virtue of this Act the person is obliged to answer questions relating to any matter referred to in subsection (2) (g):(i) refuse or fail to answer such a question, or(ii) give an answer to such a question that the person knows is false or misleading in a material particular.Maximum penalty: 100 penalty units.
(4) The powers of entry conferred by this section are not exercisable in relation to any part of premises used only for residential purposes except:(a) with the permission of the occupier of the premises, or(b) under the authority conferred by a search warrant.