WORK HEALTH AND SAFETY (MINES AND PETROLEUM SITES) ACT 2013 - SECT 12A Exercise of functions by regulators and other officials

WORK HEALTH AND SAFETY (MINES AND PETROLEUM SITES) ACT 2013 - SECT 12A

12A Exercise of functions by regulators and other officials

(1) An official may exercise any function of the official in relation to any workplace regardless of whether the workplace is a mine, a petroleum site or any other workplace.

(2) The functions of an official include--

(a) in relation to the mining and petroleum regulator, the functions of the WHS regulator, and

(b) in relation to the WHS regulator, the functions of the mining and petroleum regulator, and

(c) in relation to a government official, the functions of an inspector, and

(d) in relation to an inspector, the functions of a government official.

(3) Any requirement in the WHS laws that an official produce an identity card in relation to the exercise of a function is satisfied if the official produces an identity card issued (or taken to be issued) to the official under any provision of the WHS laws.

(4) In this section--


"inspector" means an inspector appointed under section 156 of the WHS Act.


"mining and petroleum regulator" means the regulator within the meaning of this Act.


"official" means the WHS regulator, the mining and petroleum regulator, a government official or an inspector.


"WHS regulator" means SafeWork NSW as referred to in clause 1 of Schedule 2 to the WHS Act.

Note : Clause 1 of Schedule 2 to the WHS Act provides that (for the purposes of the WHS laws) a reference to the regulator in relation to a mine or petroleum site (or a workplace at which activities under the Petroleum (Offshore) Act 1982 are carried out) means the mining and petroleum regulator and a reference to the regulator in relation to any other workplace means the WHS regulator. However, that clause does not limit this section which permits either regulator to exercise any function of either regulator in relation to any workplace.