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INDUSTRIAL RELATIONS ACT 1984 - SECT 22 Powers of inspection

INDUSTRIAL RELATIONS ACT 1984 - SECT 22

Powers of inspection

(1)  In this section, inspecting officer means a Commissioner or an officer authorized as provided in subsection (2) .
(2)  Subject to such conditions as may be prescribed in the regulations, a Commissioner, or an officer authorized in writing for that purpose by the Commission, may, at any time during working hours, enter and remain in any place or premises or any vehicle or vessel in or in respect of which an industry is, or is reputed to be, carried on or any work is being, or has been, done or commenced, or a matter or thing is taking place or has taken place, in relation to which an industrial matter exists or an award or a registered agreement has been made or is being sought.
(3)  Where an inspecting officer enters any place or premises, or any vehicle or vessel, referred to in subsection (2) in the exercise of the power conferred on him by that subsection, he may –
(a) inspect or view any work, material, machinery, appliance, article, book, paper, document, or other thing in the place, premises, vehicle, or vessel; and
(b) question any person in or on the place, premises, vehicle, or vessel in respect of, or in relation to, any matter or thing that is taking place or has taken place there in relation to which an industrial matter exists or an award or a registered agreement has been made or is being sought.
(4)  A person who –
(a) obstructs, hinders, delays, threatens, or assaults an inspecting officer in the exercise of his powers under this section;
(b) fails to comply with a request of an inspecting officer, or to answer questions asked by an inspecting officer, made under any such power when it is within his power to comply with the request;
(c) gives an answer to such a question which, to his knowledge, is false or misleading in a material particular; or
(d) intentionally conceals a person from an inspecting officer or prevents a person from appearing before or being questioned by an inspecting officer for the purposes of this Act or attempts so to conceal or prevent a person –
is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.