QLDIn ForceAct
Industrial Relations Act 2016
sec.913Power to require information
Start here
Get a plain-English read of sec.913
Turn the raw legal text into a practical explanation grounded in Industrial Relations Act 2016.
### sec.913 Power to require information
This section applies if an inspector reasonably believes—
any of the following—
this Act is not being complied with;
an industrial instrument, permit or order is not being, or will not be, complied with; or
an industrial instrument, permit or order should be given operation in relation to a calling; and
any of the following persons may be able to give information about a matter mentioned in paragraph (a) —
an employer in a calling;
a person found in or on a place in or on which the inspector reasonably suspects a calling is, has been, or is about to be, carried on;
an officer of an organisation or a branch of an organisation.
An inspector may, during business hours, require the person to answer questions about the matter.
The power to question a person includes the power to question the person in private.
When making the requirement, the inspector must warn the person it is an offence not to comply with the requirement, unless the person has a reasonable excuse.
The relevant person must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty—40 penalty units.
It is a reasonable excuse for an individual to fail to comply with the requirement if doing so might tend to incriminate the individual.
(sec.913-ssec.1) This section applies if an inspector reasonably believes— any of the following— this Act is not being complied with; an industrial instrument, permit or order is not being, or will not be, complied with; or an industrial instrument, permit or order should be given operation in relation to a calling; and any of the following persons may be able to give information about a matter mentioned in paragraph (a) — an employer in a calling; a person found in or on a place in or on which the inspector reasonably suspects a calling is, has been, or is about to be, carried on; an officer of an organisation or a branch of an organisation.
(sec.913-ssec.2) An inspector may, during business hours, require the person to answer questions about the matter.
(sec.913-ssec.3) The power to question a person includes the power to question the person in private.
(sec.913-ssec.4) When making the requirement, the inspector must warn the person it is an offence not to comply with the requirement, unless the person has a reasonable excuse.
(sec.913-ssec.5) The relevant person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.
(sec.913-ssec.6) It is a reasonable excuse for an individual to fail to comply with the requirement if doing so might tend to incriminate the individual.
- (a) any of the following— (i) this Act is not being complied with; (ii) an industrial instrument, permit or order is not being, or will not be, complied with; or (iii) an industrial instrument, permit or order should be given operation in relation to a calling; and
- (i) this Act is not being complied with;
- (ii) an industrial instrument, permit or order is not being, or will not be, complied with; or
- (iii) an industrial instrument, permit or order should be given operation in relation to a calling; and
- (b) any of the following persons may be able to give information about a matter mentioned in paragraph (a) — (i) an employer in a calling; (ii) a person found in or on a place in or on which the inspector reasonably suspects a calling is, has been, or is about to be, carried on; (iii) an officer of an organisation or a branch of an organisation.
- (i) an employer in a calling;
- (ii) a person found in or on a place in or on which the inspector reasonably suspects a calling is, has been, or is about to be, carried on;
- (iii) an officer of an organisation or a branch of an organisation.
- (i) this Act is not being complied with;
- (ii) an industrial instrument, permit or order is not being, or will not be, complied with; or
- (iii) an industrial instrument, permit or order should be given operation in relation to a calling; and
- (i) an employer in a calling;
- (ii) a person found in or on a place in or on which the inspector reasonably suspects a calling is, has been, or is about to be, carried on;
- (iii) an officer of an organisation or a branch of an organisation.