WORK HEALTH AND SAFETY ACT 2011 - SECT 165 General powers on entry

WORK HEALTH AND SAFETY ACT 2011 - SECT 165

  (1)   An inspector who enters a workplace under section   163 may do all or any of the following:

  (a)   inspect, examine and make inquiries at the workplace;

  (b)   inspect and examine anything (including a document) at the workplace;

  (c)   bring to the workplace and use any equipment or materials that may be required;

  (d)   take measurements, conduct tests and make sketches or recordings (including photographs, films, audio, video, digital or other recordings);

  (e)   take and remove for analysis a sample of any substance or thing;

  (f)   require a person at the workplace to give the inspector reasonable help to exercise the inspector's powers under paragraphs   (a) to (e);

  (g)   exercise any compliance power or other power that is reasonably necessary to be exercised by the inspector for the purposes of this Act.

  (2)   A person required to give reasonable help under subsection   (1)(f) must not, without reasonable excuse, refuse or fail to comply with the requirement.

Penalty:   The tier D monetary penalty.

  (3)   Subsection   (2) places an evidential burden on the accused to show a reasonable excuse.