Building and Construction Industry (Portable Long Service Leave) Act 1991
sec.97Entry and search—monitoring compliance
Start here
Get a plain-English read of sec.97
Turn the raw legal text into a practical explanation grounded in Building and Construction Industry (Portable Long Service Leave) Act 1991.
sec.97 Entry and search—monitoring compliance
An authorised officer, for the purpose of finding out whether the requirements of this Act are being complied with, may— enter any place; and exercise the powers set out in section 99 . An authorised officer must not enter a place, or exercise a power under subsection (1) , unless— building and construction work is being performed at the place; or the occupier of the place consents to the entry or exercise of the power; or a warrant under section 100 authorises the entry or exercise of the power; or the place is a place where the authorised officer reasonably believes a person has information or documents about workers or building and construction work. For subsection (2) (a) or (d) , the place does not include part of the place where a person resides. For subsection (2) (d) , the entry may only be made when the place is ordinarily open for the conduct of business or otherwise open for entry. s 97 amd 2000 No. 61 s 62 (sec.97-ssec.1) An authorised officer, for the purpose of finding out whether the requirements of this Act are being complied with, may— enter any place; and exercise the powers set out in section 99 . (sec.97-ssec.2) An authorised officer must not enter a place, or exercise a power under subsection (1) , unless— building and construction work is being performed at the place; or the occupier of the place consents to the entry or exercise of the power; or a warrant under section 100 authorises the entry or exercise of the power; or the place is a place where the authorised officer reasonably believes a person has information or documents about workers or building and construction work. (sec.97-ssec.3) For subsection (2) (a) or (d) , the place does not include part of the place where a person resides. (sec.97-ssec.4) For subsection (2) (d) , the entry may only be made when the place is ordinarily open for the conduct of business or otherwise open for entry.
- (a) enter any place; and
- (b) exercise the powers set out in section 99 .
- (a) building and construction work is being performed at the place; or
- (b) the occupier of the place consents to the entry or exercise of the power; or
- (c) a warrant under section 100 authorises the entry or exercise of the power; or
- (d) the place is a place where the authorised officer reasonably believes a person has information or documents about workers or building and construction work.