EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.3 Powers of authorised officers

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.3

S. 5.8.3(1) amended by No. 39/2012 s. 22(1).

    (1)     An authorised officer appointed by the Secretary or the Authority under section 5.8.1(1)—

        (a)     with any necessary help, may enter, at any time during ordinary working hours on any day, any premises where an apprentice is employed or where the officer has reasonable cause to believe that an apprentice is employed; and

        (b)     in the case of a place referred to in paragraph (a)—

              (i)     may require the production of any documents relating to the employment of any apprentice required to be kept under this or any other Act or under the National Training Wage Award made by the Australian Industrial Relations Commission as varied from time to time, and inspect and examine them and take copies or extracts from them; and

              (ii)     may make any inquiries that appear to be necessary to ascertain whether the provisions of Part 5.5 are being or have been complied with.

    (2)     An authorised officer appointed by the Institute with any necessary help, may enter, at any time during ordinary working hours on any day, any premises—

        (a)     where a person is undertaking teaching duties or where the officer has reasonable cause to believe that a person is undertaking teaching duties; and

        (b)     may make any inquiries or inspect and examine any documents relating to the matters referred to in Part 2.6 and take copies or extracts from those documents.

S. 5.8.3(3) amended by Nos 39/2012 s. 22(2), 33/2020 s. 11(1)(a).

    (3)     An authorised officer appointed by the Authority under section 5.8.1(3) with any necessary help, may enter, at any time during ordinary working hours (except in the case of a school boarding premises in which case the hours of entry are between 7 a.m. and 9 p.m.) on any day, any premises—

S. 5.8.3(3)(a) amended by No. 33/2020 s. 11(1)(b).

        (a)     where, or where the officer has reasonable cause to believe that a school or a school boarding premises registered or required to be registered under Part 4.3 is being carried on or conducted; and

S. 5.8.3(3)(b) amended by No. 70/2008 s. 39(2).

        (b)     where, or where the officer has reasonable cause to believe that, a person, body or school registered under Part 4.3 is providing a course or part of a course; and

        (c)     where, or where the officer has reasonable cause to believe that, an institution approved or deemed to be approved to operate as a University under Part 4.3 is so operating; and

        (d)     where, or where the officer has reasonable cause to believe that an institution is conducting a course of study accredited under Part 4.4; and

        (e)     where, or where the officer has reasonable cause to believe that, a person or body approved under Part 4.5 is providing a course or part of a course to overseas students; and

S. 5.8.3(3)(ea) inserted by No. 58/2007 s. 42(a).

        (ea)     where, or where the officer has reasonable cause to believe that, a person, organisation or registered school approved under Part 4.5A to operate a student exchange program is operating a student exchange program; and

S. 5.8.3(3)(f) amended by No. 3/2008 s. 6, substituted by No. 33/2020 s. 11(1)(c).

        (f)     in the case of a premises referred to in paragraph (a), may do any of the following—

              (i)     make any inquiries;

              (ii)     inspect or examine the attendance register of a school or the location records of students boarding at a school boarding premises;

              (iii)     inspect and examine any documents relating to the prescribed minimum standards for registration of schools or the prescribed minimum standards for registration of school boarding premises;

              (iv)     take copies or extracts from any documents that have been inspected or examined; and

        (g)     in the case of a place referred to in paragraph (b), may make any inquiries or inspect and examine any documents relating to the matters referred to in section 4.3.11 or  4.3.33 and take copies or extracts from those documents; and

        (h)     in the case of a place referred to in paragraph (c), may make any inquiries or inspect and examine any documents relating to the matters referred to in section 4.3.30 or  4.3.33 or guidelines made under those sections and take copies or extracts from those documents; and

              (i)     in the case of a place referred to in paragraph (d), may make any inquiries or inspect and examine any documents relating to the matters referred to in section 4.4.2 or guidelines made under that section about those matters and take copies or extracts from those documents; and

        (j)     in the case of a place referred to in paragraph (e), may make any inquiries or inspect and examine any documents relating to the matters referred to in section 4.5.1 or guidelines made under that section about those matters and take copies or extracts from those documents; and

S. 5.8.3(3)(k) amended by Nos 58/2007 s. 42(b), 23/2021 s. 73(1).

        (k)     in the case of a place referred to in paragraph (e), may make any inquiries or inspect and examine any documents relating to the matters that are specified in a notice under section 5.8.10 that have not been produced to the Authority or any person or committee appointed by the Authority and take copies or extracts from those documents; and

S. 5.8.3(3)(l) inserted by No. 58/2007 s. 42(c), amended by No. 19/2008 s. 14(g).

        (l)     in the case of a place referred to in paragraph (ea), may make any inquiries or inspect and examine any documents relating to the matters referred to in section 4.5A.1 or guidelines made under that section about those matters and take copies or extracts from those documents.

S. 5.8.3(3A) inserted by No. 23/2021 s. 73(2).

    (3A)     Subject to subsections (4) and (5), while exercising a power of entry under this section, the authorised officer may—

        (a)     search any part of the premises; and

        (b)     inspect and examine any document or thing at the premises; and

        (c)     observe any activity being conducted at the premises; and

        (d)     seize any document or any other thing at the premises for the purposes of inspecting, examining or testing it; and

        (e)     make copies of, or take extracts from, any document at the premises; and

        (f)     take photographs, or make any type of recording or sketches, of any document, thing or activity at the premises.

S. 5.8.3(4) inserted by No. 71/2010 s. 43, amended by No. 33/2020 s. 11(2).

    (4)     An authorised officer may not exercise any power under this section in relation to premises used or used mainly as residential premises (other than a school boarding premises), except with the consent of the occupier.

S. 5.8.3(5) inserted by No. 71/2010 s. 43.

    (5)     An authorised officer may not exercise any power under this section in relation to premises if the occupier of the premises has required the officer to produce his or her identification card for inspection by the occupier and the officer fails to comply with the requirement.

S. 5.8.3AA inserted by No. 23/2021 s. 74.