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In forceAmended2020 Revised Edition

Part 9A · General Cleaning Industry

80M. Monitoring powers

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Amended

Last amended by an amending law of 2023. 2 amendments in all.

(1)

Subject to subsection (2), the Director‑General or any authorised officer appointed under section 3(2) may, for the purposes of the execution of this Part, by written notice —

(a)

require a cleaning business licensee to produce such records, accounts and documents kept by the cleaning business licensee in relation to —

(i)

the cleaning business licensee’s cleaning business; or

(ii)

the payment of remuneration to the cleaning business licensee’s cleaners,within such reasonable time as may be specified in the notice;

(b)

inspect, examine and make copies of any such records, accounts and documents so produced; and

(c)

make any inquiry that may be necessary to ascertain whether the provisions of this Part are complied with.

(2)

Where the Director‑General or any authorised officer appointed under section 3(2) has received information or has reasonable cause to believe that an offence under this Part or a failure to comply with any condition of a cleaning business licence has occurred, or is occurring or about to occur, the Director‑General or authorised officer may exercise all or any of the powers referred to in subsection (1) without having to issue any notice in writing.

(3)

Where the records, accounts and documents mentioned in subsection (1) are kept in electronic form —

(a)

the power of the Director‑General or authorised officer in subsection (1)(a) to require any such records, accounts or documents to be produced for inspection includes power to require a copy of the records, accounts or documents to be made available for inspection in legible form and subsection (1)(b) applies accordingly in relation to any copy so made available; and

(b)

the power of the Director‑General or authorised officer under subsection (1)(b) to inspect any such records, accounts or documents includes power to require the cleaning business licensee or the person who produced the records, accounts or documents on behalf of the cleaning business licensee or (where the records, accounts or documents are kept at any premises) any person on those premises to give the Director‑General or authorised officer any assistance that the Director‑General or authorised officer may reasonably require to enable him or her to inspect and make copies of the records, accounts or documents in legible form or to make records of information contained in them.

(4)

Any person who fails, without reasonable excuse, to comply with any requirement imposed under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Report

Part 10

Enforcement

Part 11

Compensation, Damages, Fees, Costs and Expenses

Part 12

Miscellaneous Provisions

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