76Powers of inspectors

### 76 Powers of inspectors > > (1)  *\[Section 76 Subsection (1) amended by No. 59 of 1992, s. 52 \]*An inspector may require a person who is, or has been, an employer – > > > > > > (a) to produce any record required to be kept by that person under this Act; and > > > > > > > (b) [*\[Section 76 Subsection (1) amended by No. 18 of 1997, s. 37, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS37@EN) to produce all pay-sheets or other documents in which an account is kept of the remuneration paid to an employee of that employer whose rate of remuneration (whether as wages rates or piecework rates) is or was fixed by an award or a registered agreement. > > > (2)  Without prejudice to the making of a requirement in any other manner, a requirement made of a person under [subsection (1)](#GS76@Gs1@EN) may be made by notice in writing served on him. > > > (3)  *\[Section 76 Subsection (3) amended by No. 59 of 1992, s. 52 \]*An inspector, as regards any premises or place at which employees are employed, may – > > > > > > (a) inspect and examine those premises or that place at any time when he has reasonable cause to believe that any person is employed there; > > > > > > > (b) question, either alone or in the presence of any other person, as he thinks fit, with respect to matters under this Act, any person whom he finds in or about those premises or that place, and whom he believes to be employed there, and require that person to answer the questions put by the inspector, and sign a declaration as to the truth of his answers; and > > > > > > > (c) exercise such other powers as may be prescribed in the regulations. > > > (4)  For the purposes of the exercise of his powers under this section, an inspector may enter and remain in any such premises or place as is referred to in [subsection (3)](#GS76@Gs3@EN) . > > > (5)  An inspector who is exercising his powers under this section may take with him an interpreter and, when he does so – > > > > > > (a) any question put, or requirement made, by the interpreter on behalf of the inspector shall be deemed to have been put or made by the inspector; and > > > > > > > (b) a reply to a question or requirement made to the interpreter shall be deemed to have been made to the inspector. > > > (6)  *\[Section 76 Subsection (6) amended by No. 59 of 1992, s. 52 \]*An employer or a person who has been an employer shall, at all reasonable times, provide the means required by an inspector that are necessary for the exercise of his powers under this section. > > > (7)  *\[Section 76 Subsection (7) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*A person who – > > > > > > (a) obstructs, hinders, wilfully delays, threatens, or assaults an inspector or interpreter in the exercise of his powers under this section; > > > > > > > (b) fails to comply with a request of an inspector, or to answer questions asked by an inspector, 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 inspector or prevents a person from appearing before or being questioned by an inspector 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 20 penalty units.