New South Wales Consolidated Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - SECT 75A

75A Certain actions by inspectors

(1) This section applies if an inspector, in good faith, exercises functions under any relevant legislation in relation to a place of work that is not a place of work in relation to which the inspector has authority.

(2) An inspector must, as soon as practicable after becoming aware of exercising functions in relation to such a place of work, either:

(a) notify the appropriate authority in writing of the functions so exercised, or

(b) if the regulations require the inspector to notify another specified person-notify that specified person.

(3) An appropriate authority may, by notice in writing, direct an inspector not to exercise functions in relation to an activity, work, plant or place if it becomes aware that the inspector is exercising, or has exercised, such functions in relation to that activity, work, plant or place and is not authorised to do so.

(4) If an inspector ( "the relevant inspector") ceases, or is required to cease, exercising functions because of this section:

(a) the appropriate authority or an appropriate inspector may continue to exercise any functions commenced by the relevant inspector as if the functions had been exercised by the appropriate authority or the appropriate inspector, and

(b) the appropriate authority or an appropriate inspector may continue any relevant investigation and any subsequent proceedings that the authority or inspector has power to continue.

(5) For the purposes of the relevant legislation and any proceedings:

(a) any function previously exercised by the relevant inspector relating to the activity, work, plant or place concerned is taken to have been exercised by the appropriate authority or an appropriate inspector, and the relevant legislation applies accordingly, and

(b) any notice issued by the relevant inspector relating to the activity, work, plant or place concerned is taken to have been issued by the appropriate authority or an appropriate inspector, and can be enforced or otherwise dealt with as if the applicable relevant legislation authorised its issue, and

(c) any evidence collected by the relevant inspector relating to the activity, work, plant or place concerned is taken to have been collected by the appropriate authority or an appropriate inspector for the purposes of determining its admissibility in subsequent proceedings.

(6) The regulations may require a person notified under subsection (2) (b) to give notice of the matters so notified to the appropriate authority.

(7) In this section:
"appropriate authority" means:

(a) in relation to a place of work to which this Act applies that is not a mining workplace or a coal workplace-the WorkCover Authority, or

(b) in relation to a mining workplace-the Chief Inspector appointed under the Mine Health and Safety Act 2004 , or, if the regulations specify another person, that person, or

(c) in relation to a coal workplace-the Chief Inspector appointed under the Coal Mine Health and Safety Act 2002 , or, if the regulations Act specify another person, that person.

"appropriate inspector" means:

(a) in relation to a place of work to which this Act applies and that is not a mining workplace or a coal workplace-an inspector appointed under section 47, or

(b) in relation to a mining workplace-a person taken to have been appointed as an inspector under section 47A, or

(c) in relation to a coal workplace-a person taken to have been appointed as an inspector under section 47B.

"inspector" means:

(a) an inspector appointed under section 47, or

(b) a government official appointed under the Mine Health and Safety Act 2004 who is taken to have been appointed under this Act by section 47A of this Act, or

(c) a government official appointed under the Coal Mine Health and Safety Act 2002 who is taken to have been appointed under this Act by section 47B of this Act.

"relevant legislation" means any of the following Acts and the regulations made under those Acts:

(a) this Act,

(b) the Mine Health and Safety Act 2004 ,

(c) the Coal Mine Health and Safety Act 2002 ,

(d) the Petroleum (Onshore) Act 1991 ,

(e) the Petroleum (Submerged Lands) Act 1982 .