7KEntry of place – search warrant

7K Entry of place – search warrant (1) An inspector may apply to a Local Court Judge, by information on oath, for a search warrant to enter a place for the purpose of exercising the inspector's powers under this Subdivision at the place. (2) The Local Court Judge may issue a search warrant only if satisfied there are reasonable grounds for the inspector to exercise the inspector's powers at the place and the warrant is reasonably necessary. (3) The warrant authorises the inspector named in the warrant, and any other person assisting the inspector, to enter the place and to exercise the inspector's powers under this Subdivision.

Return to Work Act 1986 22 (4) The warrant must state: (a) the place for which it is issued; and (b) the grounds (in general terms) on which it is granted; and (c) the hours during which entry to the place is authorised or that the entry is authorised at any time of the day or night; and (d) the date, within 14 days after the warrant's issue, on which the warrant ceases to have effect. (5) The inspector executing the warrant must produce the warrant for inspection if asked to do so by: (a) the occupier of the place; or (b) if the place is a workplace – the employer; or (c) any person at the place. 7KA Power to issue prohibition notice (1) This section applies if an inspector reasonably believes that a policy of insurance or indemnity required by section 126AA(1) is not in force for an employer who is not a self-insurer. (2) The inspector may give the employer a direction prohibiting the carrying on of the employer's business until an inspector is satisfied that the employer holds the required policy. (3) The direction may be given orally, but must be confirmed by written notice (a prohibition notice) issued to the employer as soon as practicable after the oral direction. 7KB Contents of prohibition notice A prohibition notice must: (a) state that the inspector believes that the employer does not hold the required policy of insurance or indemnity and the reasons for that belief; and (b) include a statement of the effect of section 7KC.

Return to Work Act 1986 23 7KC When employer obtains policy (1) An employer to whom a direction is given under section 7KA(2) or a prohibition notice is issued may, at any time, give evidence to an inspector that the employer is the holder of the required policy of insurance or indemnity. (2) As soon as practicable after the inspector receives the evidence, the inspector must review the evidence and do one of the following: (a) if satisfied that the employer holds the required policy – give the employer written notice that the prohibition notice is no longer in force; (b) otherwise – give the employer written notice as to the deficiencies in the evidence or the policy. (3) A notice under subsection (2)(b) is considered to be a prohibition notice. 7KD Compliance with prohibition notice (1) An employer commits an offence if the employer contravenes a direction given to the employer under section 7KA(2). (2) An offence against subsection (1) is an offence of strict liability. 7KE Continuing offence (1) This section applies if a court has found a person guilty of an offence against section 7KD. (2) The court may, in addition to any penalty imposed for the offence, impose a penalty not exceeding 10 penalty units for each day during which the offence continues after the day the offence is committed.