Section 140XD — Migration Act 1958 (Cth)

(1) A person (the assistant) may accompany an inspector onto premises or to a place mentioned in subsection 140XC(1) to assist the inspector if:

(a) for any inspector—the Secretary or Australian Border Force Commissioner 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.

(2) The assistant:

(a) may do such things on the premises or at the place as the inspector requires to assist the inspector to exercise powers under this Subdivision; but

(b) must not do anything that the inspector does not have power to do.

(3) Anything done by the assistant is taken for all purposes to have been done by the inspector.

Related sections

• s 140XA — When powers of inspectors may be exercised
• s 140XB — Power of inspectors to enter premises or places
• s 140XC — Powers of inspectors while on premises or at a place
• s 140XE — Power to ask for person’s name and address
• s 140XF — Power to require persons to produce records or documents
• s 140XG — Self‑incrimination

Research how courts apply s 140XD

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