MINES INSPECTION ACT 1901 - SECT 36A Supplementary powers of inspectors and mine safety officers

This legislation has been repealed.

MINES INSPECTION ACT 1901 - SECT 36A

36A Supplementary powers of inspectors and mine safety officers

(1) For the purpose of any inspection, examination or inquiry referred to in section 36, an inspector or mine safety officer has power to do all or any of the following things:

(a) subject to subsection (2), to require any person:

(i) whom the inspector or mine safety officer finds at a mine or other workplace entered under section 36 or whom the inspector or mine safety officer has reasonable cause to believe to be, or within the preceding 2 months to have been, employed at the mine or workplace, and

(ii) who has been informed of the provisions of subsection (2),

to answer forthwith (in the absence of persons, other than a person nominated to be present by the person to be questioned and any persons whom the inspector or mine safety officer may allow to be present) such questions as the inspector or mine safety officer thinks fit to ask,

(b) to take samples of any articles or substances found at a mine or other workplace entered under section 36 or of the atmosphere in a mine,

(c) subject to subsections (3) and (4), to take possession of any machinery, apparatus or other article at a mine or other workplace entered under section 36 that appears to the inspector or mine safety officer to have caused, or to be likely to cause, danger to the safety or health of any persons employed at a mine and cause it to be dismantled, removed or subjected to any process or test, even though the process or test may cause it to be damaged or destroyed,

(d) to require the production of, and to inspect:

(i) any registers, books, plans or other documents that by virtue of this Act and the rules are required to be kept, and

(ii) any other documents that are in the possession or under the control of the owner, general manager or production manager of a mine or the owner or manager of another workplace entered under section 36 and are relevant for the purposes of the examination or inquiry,

(e) to require the general manager of a mine to mark or cause to be marked on any plan of workings in the mine produced in compliance with a requirement imposed under paragraph (d) such information as the inspector or mine safety officer considers relevant to an examination or inquiry,

(f) to require any person having responsibilities under this Act in relation to a mine or other workplace entered under section 36 to give the inspector or mine safety officer such facilities and assistance, with respect to any matters or things to which the responsibilities of that person extend, as are necessary for the purpose of enabling the inspector or mine safety officer to exercise any of the powers conferred on the inspector or mine safety officer by section 36 and this section.

(2) An answer given by a person in pursuance of a requirement imposed under subsection (1) (a) is not admissible in evidence against the person in any proceedings except proceedings for an offence under section 36C (e).

(3) If it appears likely to the general manager or production manager of a mine that a process or test referred to in subsection (1) (c) will result in machinery, apparatus or an article being damaged or destroyed, that person may request the inspector or mine safety officer concerned not to subject the machinery, apparatus or article to the process or test.

(4) If the general manager or production manager of a mine makes a request to an inspector or mine safety officer under subsection (3) in respect of machinery, apparatus or an article, the inspector or mine safety officer must not subject the machinery, apparatus or article to the process or test unless the approval of the Chief Inspector, either orally or in writing, is obtained.

(5) An inspector or mine safety officer may require a person to answer a question under subsection (1) (a) either orally or in writing and may allow a person further time (not exceeding 24 hours) to answer a question.