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Industrial Relations Act 2016
sec.344Inspecting time and wages record—inspector
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### sec.344 Inspecting time and wages record—inspector
An inspector may inspect a time and wages record—
at a workplace in the employer’s business hours; or
by asking for electronic access to the time and wages record.
The employer must—
if the inspector asks to inspect the time and wages record at a workplace under subsection (1) (a) —allow the inspector to inspect the record; or
if the inspector asks for electronic access of the time and wages record under subsection (1) (b) —give the inspector electronic access to the record.
Maximum penalty—40 penalty units.
Subsection (4) applies if—
an employer does not produce the time and wages record to the inspector or provide electronic access to the record; or
an inspector is obstructed during the inspection of the time and wages record; or
an inspector wants to inspect the time and wages record of a former employer.
The inspector may, by notice, require the employer or former employer to produce the time and wages record—
at—
a stated workplace of the employer; or
for an employer who has no official workplace or a former employer—a reasonably convenient place nominated by the inspector; and
at a stated reasonable time.
If the employer or former employer does not produce the record as required by the notice, the employer or former employer is taken to have failed to keep the record, unless the employer has a reasonable excuse.
The notice may be given by post or in another way.
(sec.344-ssec.1) An inspector may inspect a time and wages record— at a workplace in the employer’s business hours; or by asking for electronic access to the time and wages record.
(sec.344-ssec.2) The employer must— if the inspector asks to inspect the time and wages record at a workplace under subsection (1) (a) —allow the inspector to inspect the record; or if the inspector asks for electronic access of the time and wages record under subsection (1) (b) —give the inspector electronic access to the record. Maximum penalty—40 penalty units.
(sec.344-ssec.3) Subsection (4) applies if— an employer does not produce the time and wages record to the inspector or provide electronic access to the record; or an inspector is obstructed during the inspection of the time and wages record; or an inspector wants to inspect the time and wages record of a former employer.
(sec.344-ssec.4) The inspector may, by notice, require the employer or former employer to produce the time and wages record— at— a stated workplace of the employer; or for an employer who has no official workplace or a former employer—a reasonably convenient place nominated by the inspector; and at a stated reasonable time.
(sec.344-ssec.5) If the employer or former employer does not produce the record as required by the notice, the employer or former employer is taken to have failed to keep the record, unless the employer has a reasonable excuse.
(sec.344-ssec.6) The notice may be given by post or in another way.
- (a) at a workplace in the employer’s business hours; or
- (b) by asking for electronic access to the time and wages record.
- (a) if the inspector asks to inspect the time and wages record at a workplace under subsection (1) (a) —allow the inspector to inspect the record; or
- (b) if the inspector asks for electronic access of the time and wages record under subsection (1) (b) —give the inspector electronic access to the record.
- (a) an employer does not produce the time and wages record to the inspector or provide electronic access to the record; or
- (b) an inspector is obstructed during the inspection of the time and wages record; or
- (c) an inspector wants to inspect the time and wages record of a former employer.
- (a) at— (i) a stated workplace of the employer; or (ii) for an employer who has no official workplace or a former employer—a reasonably convenient place nominated by the inspector; and
- (i) a stated workplace of the employer; or
- (ii) for an employer who has no official workplace or a former employer—a reasonably convenient place nominated by the inspector; and
- (b) at a stated reasonable time.
- (i) a stated workplace of the employer; or
- (ii) for an employer who has no official workplace or a former employer—a reasonably convenient place nominated by the inspector; and