§ 103 — Powers of Commissioner and inspecting officers

103.—(1) The Commissioner or any inspecting officer has, for the purposes of this Act, power to do all or any of the following:(a)

to enter and search, by day or by night, any premises or part thereof when he or she has reasonable cause to believe that evidence of the commission of an offence under this Act or of a civil contravention can be found therein;

(aa)

to enter without previous notice at any reasonable time any place of employment for the purpose of conducting any audit in relation to the terms and conditions of employment of any employee;

(b)

to examine orally any person reasonably believed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act, and to reduce into writing the answer given or statement made by that person;

(c)

to require any person whom the Commissioner or inspecting officer has reason to believe has any document, including documents of identity or documents containing information relevant to the carrying out of the provisions of this Act, to produce any such document and to answer such questions relating thereto as the Commission or inspecting officer may think proper to ask;

(d)

to examine notices and all documents which are required to be kept under the provisions of this Act or any regulations made under this Act and any document required to be produced under paragraph (c);

(e)

to make copies of or retain any notice or document mentioned in paragraph (d);

(f)

to retain for purposes of analysis samples of materials and substances used or handled by employees, except that the employer or the employer’s representative must be notified of any such samples of materials or substances taken or removed for this purpose;

(g)

to take such photographs, or audio or video recording, as the Commissioner or inspecting officer thinks necessary, of the premises and persons reasonably believed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act;

(h)

to require any person to produce any article that is relevant to any investigation under this Act and, if necessary, to take into custody any such article.[26/2013; 27/2015]

(2) The person mentioned in subsection (1)(b) is bound to state truly the facts and circumstances with which that person is acquainted.

(3) A statement made by the person mentioned in subsection (1)(b) must be read over to that person and must, after correction, if necessary, be signed by that person.

(4) The Commissioner or the inspecting officer must, if required to do so, show his or her credentials.

—(1) The Commissioner or any inspecting officer has, for the purposes of this Act, power to do all or any of the following:(a)

to enter and search, by day or by night, any premises or part thereof when he or she has reasonable cause to believe that evidence of the commission of an offence under this Act or of a civil contravention can be found therein;

(aa)

to enter without previous notice at any reasonable time any place of employment for the purpose of conducting any audit in relation to the terms and conditions of employment of any employee;

(b)

to examine orally any person reasonably believed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act, and to reduce into writing the answer given or statement made by that person;

(c)

to require any person whom the Commissioner or inspecting officer has reason to believe has any document, including documents of identity or documents containing information relevant to the carrying out of the provisions of this Act, to produce any such document and to answer such questions relating thereto as the Commission or inspecting officer may think proper to ask;

(d)

to examine notices and all documents which are required to be kept under the provisions of this Act or any regulations made under this Act and any document required to be produced under paragraph (c);

(e)

to make copies of or retain any notice or document mentioned in paragraph (d);

(f)

to retain for purposes of analysis samples of materials and substances used or handled by employees, except that the employer or the employer’s representative must be notified of any such samples of materials or substances taken or removed for this purpose;

(g)

to take such photographs, or audio or video recording, as the Commissioner or inspecting officer thinks necessary, of the premises and persons reasonably believed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act;

(h)

to require any person to produce any article that is relevant to any investigation under this Act and, if necessary, to take into custody any such article.[26/2013; 27/2015]

(2) The person mentioned in subsection (1)(b) is bound to state truly the facts and circumstances with which that person is acquainted.

(3) A statement made by the person mentioned in subsection (1)(b) must be read over to that person and must, after correction, if necessary, be signed by that person.

(4) The Commissioner or the inspecting officer must, if required to do so, show his or her credentials.