238Powers of entry by inspectors

#### 238 Powers of entry by inspectors 238 Powers of entry by inspectors (cf 1926 ss 18A (1B)–(1E), (2D), (2E), 30B; 1987 s 274) > > (1) In this section— > > > > inspector means— > > > > > (a) a member of staff of the Authority who is authorised by the Authority for the purposes of this section, or > > > > > (b) any person authorised for the purposes of this section by a person or body prescribed by the regulations. > > > > insurer means a licensed insurer under this Act or the 1987 Act, former licensed insurer or self-insurer, and includes any insurance broker or commission agent engaged in workers compensation insurance business and (without limiting section 154M (2) of the 1987 Act) includes any scheme agent. > > > > premises includes any structure, building, aircraft, vehicle, vessel and place (whether built on or not). > > > (2) An inspector may do any or all of the following— > > > > > (a) on production of his or her authority, enter at any reasonable hour any premises used, or that the inspector reasonably suspects to be used, by an employer, insurer or agent (as defined in section 131) for the storage or custody of any record, > > > > > (b) on production of his or her authority, enter at any reasonable hour any premises in or on which the inspector knows, or reasonably suspects, an employer, worker or insurer to be, > > > > > (c) remain in or on premises while exercising any power conferred by this section, > > > > > (d) require an employer, insurer or any other person in or on those premises to produce any such record that is in his or her possession or under his or her control and is capable of being produced, > > > > > (e) require an employer, insurer or any other person having possession or control of any such record that is not written, or is not written in the English language, or is not decipherable on sight, to produce a statement, written in the English language and decipherable on sight, of the information contained in the record, > > > > > (f) inspect, or make copies of or extracts from, a record produced pursuant to paragraph (d) or a statement produced pursuant to paragraph (e), or retain such a statement, > > > > > (g) require an employer, insurer or any other person in or on those premises to answer questions relating to— > > > > > > > (i) an injury to, or incapacity of, a worker, or > > > > > > > (ii) the business or financial position of an insurer, or > > > > > > > (iii) the observance of this Act, the 1987 Act or the regulations under those Acts. > > > > > (h) (Repealed) > > > (3) A person must not— > > > > > (a) refuse or fail to allow an inspector to enter premises under this section, or > > > > > (b) wilfully obstruct or delay an inspector when exercising any powers under this section, or > > > > > (c) unreasonably refuse or fail to produce a record or statement to an inspector under this section, or > > > > > (d) if an inspector informs a person that by virtue of this Act the person is obliged to answer questions relating to any matter referred to in subsection (2) (g)— > > > > > > > (i) refuse or fail to answer such a question, or > > > > > > > (ii) give an answer to such a question that the person knows is false or misleading in a material particular. > > > > Maximum penalty—100 penalty units. > > > (4) The powers of entry conferred by this section are not exercisable in relation to any part of premises used only for residential purposes except— > > > > > (a) with the permission of the occupier of the premises, or > > > > > (b) under the authority conferred by a search warrant. > > **s 238:** Am 2000 No 87, Schs 15.1 \[1\]–\[3\], 16.1 \[4\]; 2003 No 29, Sch 2 \[3\]; 2003 No 81, Sch 3.4 \[6\] \[7\]; 2009 No 96, Sch 30 \[4\]; 2012 No 53, Sch 11 \[2\]; 2012 No 54, Sch 3.8 \[15\]; 2015 No 19, Sch 6 \[34\].