CHILD EMPLOYMENT ACT 2003 - SECT 42 Power of entry
CHILD EMPLOYMENT ACT 2003 - SECT 42
Power of entryS. 42(1) amended by No. 27/2022 s. 31(1)(a).
(1) At any time during ordinary working hours, an authorised officer may without force enter—
S. 42(1)(a) amended by No. 27/2022 s. 70(1).
(a) any premises identified in an application for a licence or an application to renew or vary a licence as an intended workplace of a child; or
S. 42(1)(b) amended by No. 27/2022 s. 31(1)(b).
(b) any premises at which the officer has reasonable grounds for believing that work is being or has been performed or engaged in by a child; or
S. 42(1)(c) substituted by No. 27/2022 s. 31(1)(c).
(c) any premises, being a place of business at which the officer has reasonable grounds for believing that there are documents relevant to the purpose of—
S. 42(1)(c)(i) amended by No. 27/2022 s. 70(2).
(i) investigating an application for a licence or an application to renew or vary a licence; or
(ii) monitoring or determining compliance with the child employment laws; or
(iii) investigating contraventions or possible contraventions of this Act and the regulations.
S. 42(2) amended by No. 27/2022 s. 31(2)(a).
(2) If an owner or occupier of premises is present when an authorised officer exercises a power of entry under this section, the officer must—
S. 42(2)(a) amended by No. 27/2022 s. 31(2)(b).
(a) produce the authorised officer's identity card for inspection; and
(b) inform the owner or occupier of the purpose of the entry.
S. 42(3) amended by No. 27/2022 s. 31(3).
(3) If an authorised officer exercises a power of entry under this section without the owner or occupier being present, the officer must—
(a) on leaving the premises, leave a notice setting out—
(i) the time of entry; and
(ii) the purpose of entry; and
(iii) a description of all things done while on the premises; and
(iv) the time of departure; and
(v) the procedure for contacting the officer for further details of the entry; and
(b) post a copy of that notice—
(i) to the owner of the premises, if the identity and address of the owner are known to the officer; and
(ii) to the occupier of the premises, if the identity and address of the occupier are known to the officer.
S. 42(4) amended by No. 27/2022 s. 31(4)(a).
(4) An authorised officer does not have authority to enter any part of premises used for residential purposes, unless—
S. 42(4)(a) amended by No. 27/2022 s. 31(4)(b).
(a) the officer has, before the entry and in addition to complying with subsection (2), informed the occupier that the occupier may refuse to consent to the entry; and
(b) the occupier has consented to the entry.
S. 42(5) amended by No. 27/2022 s. 31(5)(a).
(5) If an occupier consents to an entry under subsection (4), the authorised officer who requested consent must before entering the premises ask the occupier to sign an acknowledgment in the prescribed form stating—
(a) that the occupier has been informed of the purpose of the entry; and
S. 42(5)(b) amended by No. 27/2022 s. 31(5)(b).
(b) that the occupier has been informed that the occupier may refuse to consent to the entry; and
(c) that the occupier has consented to the entry; and
(d) the date and time that the occupier consented.
S. 42(6) amended by No. 27/2022 s. 31(6).
(6) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment before the authorised officer leaves the premises.
(7) If, in any proceeding, an acknowledgment is not produced to the court or a tribunal, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry.
S. 42(8) amended by No. 27/2022 s. 31(7).
(8) Subsection (4) does not apply to any part of premises used both for residential purposes and for work. However, an authorised officer may only enter such premises under this section if an owner or occupier is present.