Commonwealth Numbered Acts

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OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 No. 10, 1994 - SECT 89

Power of entry etc.
89. (1) In conducting an investigation, an inspector may, to the extent that
it is reasonably necessary to do so in connection with the investigation:

   (a)  stop and detain a prescribed ship or prescribed unit; and

   (b)  board a prescribed ship or prescribed unit and enter a workplace on
        the ship or unit at any reasonable time during the day or night; and

   (c)  search the workplace; and

   (d)  inspect, examine, take measurements of or conduct tests concerning the
        workplace or any plant, substance or thing at the workplace; and

   (e)  take photographs, or make sketches, of the workplace or any plant,
        substance or thing at the workplace.

(2) Immediately on boarding the prescribed ship or prescribed unit, an
inspector must take reasonable steps to notify the purpose of the entry to:

   (a)  the person in command; and

   (b)  if there is a health and safety representative for a designated work
        group that includes an employee performing work to which the
        investigation may relate-that representative; and must, on being asked
        to do so by the person in command, produce for inspection by that
        person:

   (c)  the inspector's identity card issued under section 85; and

   (d)  a copy of the Inspectorate's written direction (if any) to conduct the
        investigation.

(3) If an inspector who has entered a workplace fails to produce those
documents for inspection when asked, the inspector has no right to remain at
the workplace. 


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