Inspection
55.—(1)  An inspecting officer may —
(a)enter without previous notice at any hour of the day or night all places of employment where he has reason to believe that an employee entitled to the benefit of an award is employed and inspect any work, material, machinery, appliance or article therein; and
(b)make such inquiries as he may think fit relative to the observance or non‑observance of the provisions of this Act and of awards and report to the Commissioner thereon.
(2)  On the occasion of an inspection, an inspecting officer shall —
(a)show his credentials if requested to do so; and
(b)notify the employer or his representative of his presence unless he considers that such a notification may be prejudicial to the performance of his duties.
(3)  In the course of an inspection, an inspecting officer may —
(a)put questions concerning an employee whom he believes to be entitled to the benefit of an award to the employee or his employer or any other person whom he considers it desirable to question and require such person to answer such questions; and
(b)require the employer to produce before him any book, document or other record which he is required by an award to keep or which relate to an employee entitled to the benefit of an award.
(4)  An inspecting officer who otherwise than in the performance of his duties reveals any manufacturing or commercial secret which may at any time come to his knowledge in the course of his duties shall be guilty of an offence.
(5)  A person who —
(a)hinders or obstructs an inspecting officer in the exercise of the powers conferred by this section;
(b)omits to answer any question which an inspecting officer requires him to answer;
(c)makes to an inspecting officer a statement either orally or in writing which is false or misleading in any particular; or
(d)fails to produce any book, document or record which he is required by an inspecting officer to produce,
shall be guilty of an offence and shall be liable on conviction by a Magistrate’s Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
[36/2010]