TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SECT 73

TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SECT 73

73—Other powers of Commission, Training Advocate, etc

        (1)         For the purposes of this Act, a member of the Commission, the Training Advocate, or a person authorised by the Commission or the Training Advocate (an "authorised person"), may exercise any 1 or more of the following powers:

            (a)         an authorised person may question any person—

                  (i)         in relation to Part 3—about the delivery or provision of education and training or other services;

                  (ii)         in relation to Part 4—about—

                        (A)         the delivery or provision of education or training; or

                        (B)         the employment of an apprentice/trainee;

            (b)         an authorised person may require the production of any record or document required to be kept by or under this Act and inspect, examine or copy it;

            (c)         an authorised person may enter and inspect, at any reasonable time, the following places or premises or anything in the following places or premises:

                  (i)         a place or premises in which education or training is provided, including a place or premises in which a person undertakes the practical component of any such course;

                  (ii)         a place or premises in which an apprentice/trainee is employed.

        (2)         An authorised person must, when exercising a power under this section—

            (a)         carry an identity card in a form approved by the Commission or the Training Advocate (as the case requires); and

            (b)         produce the identity card at the request of a person in relation to whom the power is being exercised.

        (3)         A person must not—

            (a)         hinder or obstruct an authorised person in the exercise of a power conferred by this section; or

            (b)         refuse or fail to answer truthfully to the best of the person's knowledge or belief a question put to the person under this section; or

            (c)         without lawful excuse, fail to comply with a requirement made under this section.

Maximum penalty: $5 000.

        (4)         A person is not obliged to answer a question under this section if the answer would tend to incriminate the person or make the person liable to a penalty.