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Employment Equity Act 1990  061
Commenced: 1 Oct 1990
I: Employment Equity Commissioner
11   Right of entry




   11. Right of entry---(1) Where the Commissioner or an employee of the
 Department of Labour specifically or generally authorised in writing by
 the Commissioner for the purposes of this section believes on reasonable
 grounds that information relevant to the exercise of the Commissioner's
 functions and duties under this Act is to be found on any premises
 (other than a dwellinghouse) that are under the control of an employer,
 the Commissioner or employee may, subject to subsections (2) to (5) of
 this section and to section 12 of this Act, enter upon those premises at
 any reasonable time during which the premises are open for business or
 during which work is being performed on the premises to do one or more
 of the following things:
   (a) Interview any person on the premises:
   (b) Make such inspections, examinations, and inquiries as are
         necessary:
   (c) Require any person to produce any books, accounts, vouchers,
         records, or documents in that person's possession or under that
         person's control, and allow copies of or extracts from any such
         books, accounts, vouchers, records, or documents to be made or
         taken:
   (d) Require any person to furnish any information or particulars that
         may be required by the Commissioner.

   (2) The powers conferred by subsection (1) of this section may be used
 only for the purpose of carrying out any of the functions or duties of
 the Commissioner under this Act.

   (3) Every person who enters any premises under the authority of
 subsection (1) of this section shall, on first entering those premises,
 and, if requested, at any subsequent time, produce to the employer or a
 representative of the employer evidence of---
   (a) That person's identity; and
   (b) That person's authority to enter the premises.

   (4) Where any person enters any premises under the authority of
 subsection (1) of this section and is unable, despite reasonable
 efforts, to find on those premises the employer or any representative of
 the employer, that person shall, after the entry and inspection and
 before leaving those premises, leave on those premises a written notice
 addressed to the employer, which shall state---
   (a) The identity of the person who entered the premises; and
   (b) The person's authority to enter the premises; and
   (c) The date and time of the entry; and
   (d) The reasons for the entry.

   (5) Every person shall have the same privileges in relation to---
   (a) The production to any person of any books, accounts, vouchers,
         records, or documents; and
   (b) The furnishing to any person of any information or particulars;
         and
   (c) The answering of questions put by any person---

 under this section as witnesses have in Courts of law.
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