South Australian Consolidated Acts

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EMPLOYMENT AGENTS REGISTRATION ACT 1993 - SECT 23

23—Inspections

        (1)         An inspector may, for any purpose connected with the administration or enforcement of this Act—

            (a)         at any reasonable time enter and inspect premises;

            (b)         require any person to produce any records, accounts or documents relating to the business of an employment agent;

            (c)         examine, copy and take extracts from any records, accounts or documents so produced;

            (d)         require a person who the inspector reasonably suspects has committed an offence against this Act to state the person's full name and usual place of residence;

            (e)         require a person who the inspector reasonably suspects has knowledge concerning any matter relating to the administration of this Act to answer questions in relation to those matters;

            (f)         require a person holding or required to hold a licence under this Act to produce the licence for inspection.

        (2)         In the exercise of powers under this section an inspector may be assisted by such persons as may be reasonable in the circumstances.

        (3)         The person in charge of premises at the relevant time must give to an inspector or a person assisting an inspector such assistance and provide such facilities as are necessary to enable the powers conferred by this section to be exercised.

Penalty: Division 6 fine.

        (4)         Subject to subsection (5), a person who—

            (a)         without reasonable excuse, hinders or obstructs an inspector, or a person assisting an inspector, in the exercise of powers conferred by this section; or

            (b)         uses abusive, threatening or insulting language to an inspector, or a person assisting an inspector; or

            (c)         without reasonable excuse, refuses or fails to comply with a requirement or direction of an inspector; or

            (d)         without reasonable excuse, fails to answer, to the best of the person's knowledge, information and belief, a question put by an inspector; or

            (e)         falsely represents, by words or conduct, that he or she is an inspector,

is guilty of an offence.

Penalty: Division 6 fine.

        (5)         A person is not required to answer a question put by an inspector, or to produce a document, if the answer, or the contents of the document, would tend to incriminate him or her of an offence.

        (6)         An inspector, or a person assisting an inspector, who—

            (a)         addresses offensive language to any other person; or

            (b)         without lawful authority hinders or obstructs or uses or threatens to use force in relation to any other person,

is guilty of an offence.

Penalty: Division 6 fine.



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