Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Subsection 5(1)
Insert:
"appointed inspector" has the meaning given by section 140V.
"Fair Work Inspector" has the same meaning as in the Fair Work Act 2009 .
"inspector" has the meaning given by section 140V.
2 Subdivision F of Division 3A of Part 2 (heading)
Repeal the heading, substitute:
Subdivision F -- Inspector powers
3 Before section 140V
Insert:
140UA Exercise of inspector powers
(1) An inspector may exercise powers under this Subdivision for a purpose set out in section 140X.
Note: Inspectors include Fair Work Inspector s (see section 140V).
(2) A Fair Work Inspector may, subject to section 706 of the Fair Work Act 2009 , exercise compliance powers under Subdivision D of Division 3 of Part 5 - 2 of that Act for the purpose s of this Subdivision .
Note: Under paragraph 706 (1)(d) of the Fair Work Act 2009 , a Fair Work Inspector may exercise certain compliance powers for the purposes of a provision of another Act that confers functions or powers on Fair Work Inspector s.
4 Before subs ection 140V (1)
Insert:
Who is an inspector ?
(1A) For the purposes of this Act, each of the following is an inspector :
(a) a person, or a member of a class of persons, appointed under subsection ( 1) (an appointed inspector ) ;
(b) a Fair Work Inspector .
Appointed inspectors
5 Subsection 140V(2)
Omit "A person, or a class of persons,", subst itute "An appointed inspector".
6 Subsection 140V(3)
Omit "An inspector", substitute "An appointed inspector".
7 Section 140V (before the note)
Insert:
Fair Work Inspector s
( 4 ) An inspector who is a Fair Work Inspector has the powers conferred on an inspector by this Division or the regulations.
(5) A Fair Work Inspector continues to be an inspector for the purposes of this Act while he or she continues to be a Fair Work Inspector (under the Fair Work Act 2009 ).
8 Before subsection 140W(1)
Insert:
G eneral
(1 A ) An inspector's identity card is:
(a) for an appointed inspector--the identity card issued to the inspector under subsection ( 1) ; or
(b) for an inspector who is a Fair Work Inspector --the identity card issued to the inspector under the Fair Work Act 2009 (see section 702 of that Act).
9 Subsection 140W(1) (heading)
Repeal the heading, substitute:
Identity cards--appointed inspectors
10 Subsection 140W(1)
Omit "an inspector", substitute "an appointed inspector".
11 Subsection 140W(2) (heading)
Repeal the heading.
12 Subsection 140W(2)
After "identity card", insert "for an appointed inspector".
13 Paragraph 140W(4)(a)
After "identity card", insert "under subsection ( 1)".
14 Paragraph 140X(a)
Omit "determining", substitute "investigating".
15 After paragraph 140X(a)
Insert:
(aa) for the purpose of investigating whether a person who is required under sub section 140H(1) to satisfy a sponsorship obligation has committed an offence, or contravened a civil penalty provision , under Subdivision C of Division 12 of this Part ; or
16 Section 140X C
Omit "An inspector", substitute "(1) An inspector".
17 Section 140XC (before the note)
Insert:
(2) A Fair Work Inspector who enters premises or a place under the Fair Work Act 2009 for any compliance purpose under section 706 of that Act may , for a purpose mentioned in section 140X of this Act, exercise any of the powers mentioned in subsection ( 1) of this section while on the premises or at the place .
18 Subsection 140XD(1)
Repeal the subsection, substitute:
(1) A person (the assistant ) may accompany an inspector onto premises or to a place mentioned in subsection 140X C (1) to assist the inspector if:
(a) for any inspector-- the Secretary is satisfied that:
(i) the assistance is necessary and reasonable; and
(ii) the assistant has suitable qualifications and experience to properly assist the inspector; or
(b) for an inspector who is a Fair Work Inspector -- the assistant is authorised to accompany the inspector onto the premises or to the place under section 710 of the Fair Work Act 2009 for any compliance purpose under section 706 of that Act.
19 Application of amendments
(1) The amendments of the Migration Act 1958 made by Part 1 of thi s Schedule apply in relation to:
(a) a person who is a Fair Work Inspector , whether the person became such an inspector before, on or after the commencement of the amendments ; and
(b) the exercise of a power, or the performance of a function, by an inspector under the Migration Act 1958 on or after the commencement of the amendments; and
(c) the exercise of a compliance power by a Fair Work Inspector under Subdivision D of Division 3 of Part 5 - 2 of the Fair Work Act 2009 on or after the commencement of the amendments.
(2) T he amendments of the Migration Act 1958 made by Part 1 of this Schedule apply in relation to the powers and functions mentioned in paragraphs ( 1)(b) and (c) of this item whether they are exercised or performed in relation to conduct, an event or circumstances that occurred or started occurring before, on or after the commencement of the amendments.