Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 No. 30, 1991 - SECT 40

40. (1) There are to be such investigators as are necessary from time to time.

(2) The Commission may, by instrument in writing, appoint:

   (a)  a member of the staff of the Commission; or

   (b)  a person having knowledge of, and experience in, matters relating to
        occupational health and safety; to be an investigator.

(3) The appointment of a person ceases to have effect if:

   (a)  the Commission revokes the appointment; or

   (b)  the person, by written notice given to the Commission, resigns the
        appointment.

(4) The Commission may, by notice published in the Gazette, give directions
specifying the manner in which, and any conditions subject to which, powers
conferred on investigators under this Part are to be exercised and where it
does so, the powers of investigators must be exercised in accordance with
those directions.

(5) The Commission may, by notice in writing, impose restrictions, not being
restrictions inconsistent with any direction in force under subsection (4), on
the powers that are conferred on a particular investigator under this Part,
being an investigator who is not a member of the staff of the Commission, and
where it does so, the powers of the investigator are, for the purposes of this
Act, to be taken to have been restricted accordingly.

(6) The Commission must issue to an investigator an identity card in a
prescribed form.

(7) An investigator must carry the identity card at all times when exercising
powers or performing functions as an investigator.

(8) The regulations may regulate the appointment, and prescribe the
qualifications, of investigators.