Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 No. 30, 1991 - SECT 44

44. (1) In conducting an investigation, an investigator may, to the extent
that it is reasonably necessary for the purposes of inspecting, examining,
taking measurements of or conducting tests concerning, any plant, substance or
thing at a workplace in connection with the investigation:

   (a)  take possession of the plant, substance or thing and remove it from
        the workplace; or

   (b)  take a sample of the substance or thing and remove that sample from
        the workplace.

(2) Upon taking possession of plant, a substance or a thing, or taking a
sample of a substance or thing, the investigator shall, by notice in writing,
inform:

   (a)  the employer for which work is performed using the plant, substance or
        thing; and

   (b)  where the plant, substance or thing is owned by a person other than an
        employer - that person; and

   (c)  if there is a health and safety representative for a designated work
        group in which there is included an employee performing, at the
        workplace, work to which the investigation relates - that
        representative; of the taking of possession or the taking of the
        sample, as the case may be, and the reasons for it.

(3) Where an investigator gives a notice to an employer under subsection (2)
concerning any plant, substance or thing of which the investigator has taken
possession, the employer must cause a copy of the notice to be displayed in a
prominent place at the workplace from which the plant, substance or thing was
removed.

(4) Where the investigator takes possession of plant, a substance or a thing
at a workplace for the purpose of inspecting, examining, taking measurements
of or conducting tests concerning, the plant, substance or thing, the
investigator must:

   (a)  ensure that the inspection, examination, measuring or testing is
        conducted as soon as is reasonably practicable after the investigator
        takes possession of the plant, substance or thing; and

   (b)  return the plant, substance or thing to the workplace as soon as is
        reasonably practicable after the inspection, examination, measuring or
        testing has been completed.

(5) As soon as is reasonably practicable after the completion of any such
inspection, examination, measurement or testing, the investigator must give,
to each person to whom the investigator is required under subsection (2) to
notify of the removal, a written statement setting out the results of the
inspection, examination, measurement or testing.