sec.488Power to enter and inspect

### sec.488 Power to enter and inspect A member, an officer of the commission or another person with a member’s written authority (a commission official ), may— enter a workplace in relation to which— an industrial dispute exists, is impending or threatened, or is likely to arise; or an industrial matter exists; or an industrial instrument or permit exists; or a member of the commission reasonably suspects an offence against this Act has been, or is being, committed; and inspect any work, machinery, appliance, materials, article or thing in or on the workplace; and question a person in or on the workplace about a matter relevant to the commission’s concern with the workplace. A power under subsection (1) may be exercised only during working hours at the workplace. If a commission official is seeking to exercise a power under subsection (1) , a person must not— refuse or unduly delay the official’s entry to the workplace; or fail to answer a question as required under subsection (1) (c) , unless the person has a lawful excuse; or wilfully give false information or make a false statement to the official. Maximum penalty—100 penalty units or 1 year’s imprisonment. In this section— workplace means a place where— a calling is carried on; or work has been, or is being, performed; or another activity has happened, or is happening. (sec.488-ssec.1) A member, an officer of the commission or another person with a member’s written authority (a commission official ), may— enter a workplace in relation to which— an industrial dispute exists, is impending or threatened, or is likely to arise; or an industrial matter exists; or an industrial instrument or permit exists; or a member of the commission reasonably suspects an offence against this Act has been, or is being, committed; and inspect any work, machinery, appliance, materials, article or thing in or on the workplace; and question a person in or on the workplace about a matter relevant to the commission’s concern with the workplace. (sec.488-ssec.2) A power under subsection (1) may be exercised only during working hours at the workplace. (sec.488-ssec.3) If a commission official is seeking to exercise a power under subsection (1) , a person must not— refuse or unduly delay the official’s entry to the workplace; or fail to answer a question as required under subsection (1) (c) , unless the person has a lawful excuse; or wilfully give false information or make a false statement to the official. Maximum penalty—100 penalty units or 1 year’s imprisonment. (sec.488-ssec.4) In this section— workplace means a place where— a calling is carried on; or work has been, or is being, performed; or another activity has happened, or is happening. - (a) enter a workplace in relation to which— (i) an industrial dispute exists, is impending or threatened, or is likely to arise; or (ii) an industrial matter exists; or (iii) an industrial instrument or permit exists; or (iv) a member of the commission reasonably suspects an offence against this Act has been, or is being, committed; and - (i) an industrial dispute exists, is impending or threatened, or is likely to arise; or - (ii) an industrial matter exists; or - (iii) an industrial instrument or permit exists; or - (iv) a member of the commission reasonably suspects an offence against this Act has been, or is being, committed; and - (b) inspect any work, machinery, appliance, materials, article or thing in or on the workplace; and - (c) question a person in or on the workplace about a matter relevant to the commission’s concern with the workplace. - (i) an industrial dispute exists, is impending or threatened, or is likely to arise; or - (ii) an industrial matter exists; or - (iii) an industrial instrument or permit exists; or - (iv) a member of the commission reasonably suspects an offence against this Act has been, or is being, committed; and - (a) refuse or unduly delay the official’s entry to the workplace; or - (b) fail to answer a question as required under subsection (1) (c) , unless the person has a lawful excuse; or - (c) wilfully give false information or make a false statement to the official. - (a) a calling is carried on; or - (b) work has been, or is being, performed; or - (c) another activity has happened, or is happening.