Part 3: Enforcement Section 47: Search of premises in connection with imposition of civil penalty
This section gives immigration officers, who are already lawfully on premises, a power to search for documents which might assist with imposing a civil penalty on a person. Civil penalties can be imposed when a person is employing an illegal migrant or renting premises to them (subsection (2)). This power is restricted to circumstances in which there are reasonable grounds for believing subsection (2) applies and where it is necessary to obtain the documents (subsection (3)).
	Subsections (4) to (10) provide immigration officers with a power to seize and retain relevant documents (including electronic documents) that may be used as evidence to impose a civil penalty, such as pay slips or tenancy agreements, although documents subject to legal privilege are excluded (subsection (8)). Original documents will not be retained if a photograph or copy is sufficient (subsection (10)). Subsection (11) gives an employer or landlord the right to access documents that have been seized and copy them. However, if there are reasonable grounds to believe that this access would jeopardize an investigation against the employer or landlord, or the functions of an immigration officer, access will be denied.