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AdministrationChapter 5 Office of the Fair Work OmbudsmanPart 5-2

Office of the Fair Work OmbudsmanDivision 3

Regulation5.05

Part 5-2—Office of the Fair Work Ombudsman

Division 3—Office of the Fair Work Ombudsman

Subdivision D—Functions and powers of Fair Work Inspectors—general

5.05Powers and functions of inspectors—notification of failure to observe requirements

If an inspector is satisfied that a person has failed to observe a requirement imposed by or for the Act, these Regulations or a fair work instrument, the inspector may, by notice in writing:

(a) inform the person of the failure; and

(b) require the person to take the action specified in the notice, within the period specified in the notice, to rectify the failure; and

(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 actions the inspector may take if the person fails to comply with the notice.

Subdivision DA—Power to enter premises

5.06Powers of inspectors while on premises—taking samples of goods and substances

For paragraph 709(f) of the Act, an inspector must not take a sample of goods or a substance until the inspector has informed:

(a) the owner; or

(b) another person in charge of the goods or substances; or

(c) a representative of the owner or other person;

of the inspector's intention to take the sample.

Subdivision DB—Powers to ask questions and require records and documents

5.07 Definitions for Subdivision DB

In this Subdivision:

public transport means any form of passenger transport that is available for use by the public on payment of a fare.

specified place means the place specified in the FWO notice under paragraph 712AC(d) of the Act as the place for the attendance.

Fair Work Regulations 2009

Compilation date: 11/09/2021

81

Compilation No. 36

Registered: 19/10/2021

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