298Right of entry for investigating breaches

298 Right of entry for investigating breaches

298 Right of entry for investigating breaches

(1) An authorised industrial officer may enter, during working hours, any premises where relevant employees are engaged, for the purpose of investigating any suspected breach of the industrial relations legislation, or of any industrial instrument that applies to any such employees.

(2) For the purpose of investigating any such suspected breach, the authorised industrial officer may—

(a) require any employer of relevant employees to produce for the officer’s inspection, during the usual office hours at the employer’s premises or at any mutually convenient time and place, any employees’ records and other documents kept by the employer that are related to the suspected breach, and

(b) make copies of the entries in any such records or other documents related to any such suspected breach.

(3) An authorised industrial officer must, before exercising a power conferred by this section, give the employer concerned—

(a) at least 24 hours’ notice, except as provided by paragraph (b), or

(b) in respect of any requirement to produce records or other documents that are kept elsewhere than on the employer’s premises—at least 48 hours’ notice.

(4) The Commission or the Industrial Registrar may, on the ex parte application of an authorised industrial officer, waive the requirement to give the employer concerned notice of an intended exercise of a power conferred by this section if the Commission or the Industrial Registrar is satisfied that to give such notice would defeat the purpose for which it is intended to be exercised.

(5) If the requirement for notice is waived under subsection (4)—

(a) the Commission or Industrial Registrar is to give the authorised industrial officer a warrant authorising the exercise of the power without notice, and

(b) the authorised industrial officer must, after entering the premises and before carrying out any investigation, give the person who is apparently in charge of the premises the warrant or a copy of the warrant.

s 298: Am 2000 No 67, Sch 1 [28]; 2000 No 93, Sch 2.24.