sec.8Industrial inspector’s powers of investigation and enforcement

### sec.8 Industrial inspector’s powers of investigation and enforcement An industrial inspector is authorised— subject to section 9 , to enter, inspect and examine at any time any place— used or intended to be used, or which the inspector reasonably suspects to be used or intended to be used, as a shop; or in which, or in respect of which, the inspector reasonably suspects that a person is contravening or failing to comply with any provision of this Act or of an industrial commission order; and therein to carry out such investigation as the inspector considers necessary for the purposes of this Act; to question with respect to matters relevant to this Act any person found in any place entered, or any person whom the inspector reasonably believes to be an occupier of such place, or to be or to have been an employee of such an occupier and to require such person to answer truthfully the questions put and to sign a declaration of the truth of the answers given; to make such investigations, inquiries and examinations as the inspector considers to be necessary to ascertain whether the provisions of this Act, or of an industrial commission order, are being complied with; at any time during the hours when business is, or may be, conducted in any place subject to an industrial commission order to require an occupier of the place to produce for the inspector’s examination all or any time sheets, pay sheets or other records relating to persons employed by the occupier, and to examine and to make copies of or extracts from time sheets, pay sheets or other records; to require a person whom the inspector reasonably suspects to have possession or control of records relating to— conferral of entitlements to occupy, or to conduct business in, any areas within a building; the identity of the proprietors of businesses conducted in any areas within a building; financial arrangements suspected to exist between proprietors of businesses conducted in any areas within a building, or between such proprietors and— the owner of the building; the occupier of the whole building; the person by whom such entitlements were conferred; to produce for the inspector’s examination such records, which the inspector is authorised to examine and make copies or extracts thereof as the inspector thinks fit; to require a person whom the inspector finds committing, or whom the inspector reasonably suspects to have committed, an offence against this Act, or whom the inspector is authorised to question, or whose name and address is, in the inspector’s opinion, reasonably required for the purposes of this Act, to state the person’s name and address and, if the inspector reasonably suspects the name or address stated to be false, to require evidence of the correctness thereof; to institute and conduct proceedings in the industrial court, industrial commission or an Industrial Magistrates Court for the purposes of this Act. The authority conferred on an industrial inspector to question an employee of any person includes authority to question the employee out of the presence and hearing of the employer or of any supervisor, deputy, manager or superior officer, or any other employee with respect to any matter. s 8 amd 1994 No. 23 s 3 sch ; 2000 No. 5 s 373 sch 2 (sec.8-ssec.1) An industrial inspector is authorised— subject to section 9 , to enter, inspect and examine at any time any place— used or intended to be used, or which the inspector reasonably suspects to be used or intended to be used, as a shop; or in which, or in respect of which, the inspector reasonably suspects that a person is contravening or failing to comply with any provision of this Act or of an industrial commission order; and therein to carry out such investigation as the inspector considers necessary for the purposes of this Act; to question with respect to matters relevant to this Act any person found in any place entered, or any person whom the inspector reasonably believes to be an occupier of such place, or to be or to have been an employee of such an occupier and to require such person to answer truthfully the questions put and to sign a declaration of the truth of the answers given; to make such investigations, inquiries and examinations as the inspector considers to be necessary to ascertain whether the provisions of this Act, or of an industrial commission order, are being complied with; at any time during the hours when business is, or may be, conducted in any place subject to an industrial commission order to require an occupier of the place to produce for the inspector’s examination all or any time sheets, pay sheets or other records relating to persons employed by the occupier, and to examine and to make copies of or extracts from time sheets, pay sheets or other records; to require a person whom the inspector reasonably suspects to have possession or control of records relating to— conferral of entitlements to occupy, or to conduct business in, any areas within a building; the identity of the proprietors of businesses conducted in any areas within a building; financial arrangements suspected to exist between proprietors of businesses conducted in any areas within a building, or between such proprietors and— the owner of the building; the occupier of the whole building; the person by whom such entitlements were conferred; to produce for the inspector’s examination such records, which the inspector is authorised to examine and make copies or extracts thereof as the inspector thinks fit; to require a person whom the inspector finds committing, or whom the inspector reasonably suspects to have committed, an offence against this Act, or whom the inspector is authorised to question, or whose name and address is, in the inspector’s opinion, reasonably required for the purposes of this Act, to state the person’s name and address and, if the inspector reasonably suspects the name or address stated to be false, to require evidence of the correctness thereof; to institute and conduct proceedings in the industrial court, industrial commission or an Industrial Magistrates Court for the purposes of this Act. (sec.8-ssec.2) The authority conferred on an industrial inspector to question an employee of any person includes authority to question the employee out of the presence and hearing of the employer or of any supervisor, deputy, manager or superior officer, or any other employee with respect to any matter. - (a) subject to section 9 , to enter, inspect and examine at any time any place— (i) used or intended to be used, or which the inspector reasonably suspects to be used or intended to be used, as a shop; or (ii) in which, or in respect of which, the inspector reasonably suspects that a person is contravening or failing to comply with any provision of this Act or of an industrial commission order; and therein to carry out such investigation as the inspector considers necessary for the purposes of this Act; - (i) used or intended to be used, or which the inspector reasonably suspects to be used or intended to be used, as a shop; or - (ii) in which, or in respect of which, the inspector reasonably suspects that a person is contravening or failing to comply with any provision of this Act or of an industrial commission order; - (c) to question with respect to matters relevant to this Act any person found in any place entered, or any person whom the inspector reasonably believes to be an occupier of such place, or to be or to have been an employee of such an occupier and to require such person to answer truthfully the questions put and to sign a declaration of the truth of the answers given; - (d) to make such investigations, inquiries and examinations as the inspector considers to be necessary to ascertain whether the provisions of this Act, or of an industrial commission order, are being complied with; - (e) at any time during the hours when business is, or may be, conducted in any place subject to an industrial commission order to require an occupier of the place to produce for the inspector’s examination all or any time sheets, pay sheets or other records relating to persons employed by the occupier, and to examine and to make copies of or extracts from time sheets, pay sheets or other records; - (f) to require a person whom the inspector reasonably suspects to have possession or control of records relating to— (i) conferral of entitlements to occupy, or to conduct business in, any areas within a building; (ii) the identity of the proprietors of businesses conducted in any areas within a building; (iii) financial arrangements suspected to exist between proprietors of businesses conducted in any areas within a building, or between such proprietors and— (A) the owner of the building; (B) the occupier of the whole building; (C) the person by whom such entitlements were conferred; to produce for the inspector’s examination such records, which the inspector is authorised to examine and make copies or extracts thereof as the inspector thinks fit; - (i) conferral of entitlements to occupy, or to conduct business in, any areas within a building; - (ii) the identity of the proprietors of businesses conducted in any areas within a building; - (iii) financial arrangements suspected to exist between proprietors of businesses conducted in any areas within a building, or between such proprietors and— (A) the owner of the building; (B) the occupier of the whole building; (C) the person by whom such entitlements were conferred; - (A) the owner of the building; - (B) the occupier of the whole building; - (C) the person by whom such entitlements were conferred; - (g) to require a person whom the inspector finds committing, or whom the inspector reasonably suspects to have committed, an offence against this Act, or whom the inspector is authorised to question, or whose name and address is, in the inspector’s opinion, reasonably required for the purposes of this Act, to state the person’s name and address and, if the inspector reasonably suspects the name or address stated to be false, to require evidence of the correctness thereof; - (h) to institute and conduct proceedings in the industrial court, industrial commission or an Industrial Magistrates Court for the purposes of this Act. - (i) used or intended to be used, or which the inspector reasonably suspects to be used or intended to be used, as a shop; or - (ii) in which, or in respect of which, the inspector reasonably suspects that a person is contravening or failing to comply with any provision of this Act or of an industrial commission order; - (i) conferral of entitlements to occupy, or to conduct business in, any areas within a building; - (ii) the identity of the proprietors of businesses conducted in any areas within a building; - (iii) financial arrangements suspected to exist between proprietors of businesses conducted in any areas within a building, or between such proprietors and— (A) the owner of the building; (B) the occupier of the whole building; (C) the person by whom such entitlements were conferred; - (A) the owner of the building; - (B) the occupier of the whole building; - (C) the person by whom such entitlements were conferred; - (A) the owner of the building; - (B) the occupier of the whole building; - (C) the person by whom such entitlements were conferred;