42Power of entry

42 Power of entry

S. 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—