s.87Entry onto workplaces by the Director
87
Section 87Part 15 — General

Entry onto workplaces by the Director

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The purposes mentioned under this section are —
the administration of this Act and regulations;
the enforcement of any section of this Act or regulations;
the exercise of a power or the carrying out of a duty under this Act or regulations;
the carrying out of an order made under this Act.
For any of the purposes mentioned in subsection (1), the Director or a person designated by the Director ("the designated person") in writing may, during normal business hours —
enter and have access to, through and over any workplaces, where the Director or the designated person has reasonable grounds to believe papers or other documents are kept that relate to a pension plan or pension fund;
make examinations, investigations and inquiries, and may require the production of any book, paper or other document related to a pension plan or pension fund;
make, take, remove or require the making, taking and removal of copies or extracts related to an examination, investigation or inquiry.
The Director or the designated person may not, pursuant to subsection (2), enter a private residence without the consent of the occupier.
The Director or the designated person may, for any purpose specified under this section, remove, upon giving a receipt, any books, papers or other documents respecting a pension plan or pension fund and may copy such books, papers or other documents within a reasonable period of time and return them as soon as reasonably practicable after the copying is completed.
A copy of any book, paper or other document respecting a pension plan or pension fund and made under this section by the Director or the designated person in the course of any investigation, examination or inquiry, and certified by the Director, is admissible in evidence in any action for all purposes for which the original would have been admissible.
Where an owner or occupier of premises —
denies entry or access to, through or over premises to the Director or the designated person;
instructs the Director or the designated person to leave the premises;
obstructs such person;
refuses to comply with a request for the production of any book, paper or other document the production of which is requested for the purpose of examination and investigation or inquiry or for a purpose mentioned in subsection (1),
the Director may apply to a Justice of the Peace for an inspection order under section 89.
A person exercising a power under this section shall provide identification at the time of entry.
For the purposes of this Act — "document" includes any document held or kept by means of a computer.
Where any documents are held in or kept by means of a computer the powers of the Director or the designated person to require the supply of information and production of documents shall include powers —
to require any person having charge of, or otherwise concerned with the operation of a computer or associated apparatus which is or has been in use in connection with such information or documents, to afford to the Director or the designated person such assistance as they may reasonably require;
to require the documents to be produced or copied in any form which the Director or the designated person may reasonably request.
For the purposes of this section "workplaces" means any premises in which any employee is employed to work and, without prejudice to the generality of the foregoing, includes any shop, office, licensed premises or factory; but does not include, in respect of a household domestic employed there, a private home.

Defined Terms

documentworkplaces

Cross References

Referenced By