New South Wales Consolidated Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - SECT 71

71 Powers supporting taking of things

(1) Having taken a thing under section 60, an inspector may:

(a) move the thing from the place where it was taken, or

(b) leave the thing at the place but take reasonable action to restrict access to it, or

(c) if the thing is plant-dismantle it.

(2) The following are examples of restricting access to a thing:

(a) sealing a thing and marking it to show access to it is restricted,

(b) sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted.

(3) If an inspector restricts access to a thing taken, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an inspector’s approval.

Maximum penalty: 40 penalty units.

(4) To enable a thing to be taken under section 60, an inspector may require the person in control of it:

(a) to take it to a stated reasonable place by a stated reasonable time, and

(b) if necessary, to remain in control of it at the stated place for a reasonable time.

(5) The requirement:

(a) must be made by notice in the form approved by WorkCover, or

(b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in that approved form as soon as practicable.

(6) The person must comply with the requirement unless the person has a reasonable excuse for not complying.

Maximum penalty: 40 penalty units.

(7) A further requirement may be made under this section in relation to the same thing if it is necessary and reasonable to make the further requirement.