Queensland Consolidated Acts

PRIVATE EMPLOYMENT AGENCIES ACT 1983 - SECT 9

9.(1) An inspector may--

(a) subject to subsection (3), enter any place that the inspector has a bona fide interest in entering for the purposes of this Act; and

(b) make with respect to any place such examination or inquiry as the inspector considers to be necessary to ascertain whether the provisions of this Act are being complied with; and

(c) interview any employee found in any place entered by the inspector, in the presence of the licensee or other person or alone; and

(d) search for and require the production of any register, record, book, document, correspondence or other writing with respect to the business of a private employment agency and inspect, examine and make copies of or extracts from any such register, record, book, document, correspondence or other writing; and

(e) seize and retain any register, record, book, document, correspondence or other writing found by the inspector or produced to the inspector that the inspector considers will afford evidence as to the commission of an offence against this Act suspected by the inspector on reasonable grounds to have been committed; and

(f) question an employer or person in charge in any place entered by the inspector for the purposes of this Act, with respect to matters to which this Act applies and require that employer or person to answer every question concerning such matters put to the employer or person; and

(g) call to the inspector's aid--

(i) another inspector or a police officer; or

(ii) any person who in the inspector's opinion is competent to assist the inspector in the exercise of his or her powers under this Act.

(2) An inspector, if the inspector is not the person for the time being performing the functions of the licensing officer, and an officer charged with the administration of this Act shall report to the person for the time being performing the functions of the licensing officer every contravention of or failure to comply with a provision of this Act as soon as is practicable after it comes to his or her knowledge.

(3) The power of an inspector to enter any place does not extend to entering any premises that are used or any part of premises that is used exclusively as a dwelling house unless the inspector has--

(a) obtained from the occupier of those premises or that part his or her permission to the inspector's entry; or

(b) obtained from a justice a warrant to enter those premises or that part.

(3A) For the purposes of subsection (3) premises used as a dwelling house do not include the curtilage of any premises.

(4) A justice who is satisfied upon the complaint of an inspector that there is reasonable cause to suspect that--

(a) in any place there is a register, record, book, document, correspondence or other writing or anything that would assist in establishing whether an offence against this Act has been, is being or is likely to be committed; or

(b) in any place an offence against this Act has been, is being or is likely to be committed;

may issue the justice's warrant, directed to that inspector, to enter the place specified in the warrant for the purpose of exercising therein all or any of the powers conferred on an inspector by this Act.

(4A) For 1 month from the date of its issue a warrant shall be sufficient authority for the inspector to whom it is directed and to all persons acting in aid of the inspector--

(a) to enter the place specified in the warrant; and

(b) to exercise therein all or any of the powers conferred on an inspector by this Act.

(5) For the purposes of gaining entry to any place that the inspector is authorised by or under this Act to enter an inspector and all persons acting in aid of the inspector may use such force as is necessary.

(6) Subject to subsection (7), an inspector shall not disclose to any person information that the inspector has acquired in the exercise of the inspector's powers or the performance of the inspector's duties.

(7) Subsection (6) does not operate to prevent the disclosure of information--

(a) for the purposes of this Act and in the performance of an inspector's duties under this Act; or

(b) with the prior permission of the Minister; or

(c) ordered by a court or other tribunal duly constituted pursuant to any law to be disclosed for the purposes of a proceeding before that court or tribunal.