9Powers and functions of inspectors

9 Powers and functions of inspectors (1) Where an inspector, when exercising his or her powers or performing his or her functions under the Act or under these Regulations: (a) is requested by an employer or employee to advise that employer or employee, as the case may be, of his or her rights and obligations under an award, a certified agreement or an old IR agreement, or under the Act or any regulations made under the Act; or (b) considers it necessary or desirable to give any such advice to an employer or employee; the inspector shall give that advice and shall explain the manner in which any such awards or requirements, as the case may be, are to be observed. (2) Subject to subregulation (5), where a person has failed to observe an award, a certified agreement, an old IR agreement or any requirement of the Act or of a regulation made under the Act, an inspector may, by notice in writing: (a) inform the person of that failure; (b) require the person to take such action specified in the notice, within the period specified in the notice, as is necessary to rectify that failure; (c) require the person to notify the inspector in accordance with the notice of any action taken to comply with the notice; and (d) advise the person of the consequences of failure to comply with the notice. (3) Subject to subregulations (4) and (5), an inspector may, subject to any directions given by the Minister under subsection 84 (5) of the Act: (a) institute, or give evidence in, any proceedings; or (b) conduct, or assist in the conduct of, any prosecution; in respect of a breach of a term of an award, a certified agreement or an old IR agreement, or a contravention of the Act or any regulation made under the Act. (4) Subregulation (3) does not apply in relation to any matter in respect of which provision is made by subsection 178 (5) of the Act. (5) Inspectors do not have any powers with respect to breaches of Parts IVA, VID and XA of the Act.