Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Subject to subsection (1A) and in addition to any other powers conferred upon an inspector by any other provisions of this Act, an inspector may at any time enter and inspect any place if the inspector has reasonable cause to believe that an industry is, or is intended to be, carried on, or an amusement structure or temporary public stand is located, in or on that place and may –
(a) make such examination and inquiry and conduct such tests, including the taking of measurements and samples for analysis, as may be necessary to ascertain whether the provisions of this Act are being complied with; and
(b) for the purposes of ascertaining whether the provisions of this Act are being complied with, require a person, whether at that place or not, who has custody or control of any record, book or document to produce that record, book or document; and
(c) examine, copy and take extracts from any record, book or document, or require an employer to provide a copy of any record, book or document; and
(d) take photographs, films or video or audio recordings; and
(e) require any person to answer any question or to provide any information relating to the health or safety of persons at any workplace, whether or not the person is at that workplace, or to any other matter to which this Act applies; and
(f) require an employer to produce a copy of any statement or record that is required to be prepared or kept under this Act.
(1A) An inspector must not enter a residence otherwise than –
(a) with the consent of the owner or an adult who appears to be living in the residence; or
(b) in accordance with an authorisation granted under subsection (1C).
(1B) An inspector may apply to a court for an authorisation to enter a residence.
(1C) A court may grant an authorisation if satisfied that there are reasonable grounds for believing that the residence is –
(a) being used as a workplace; or
(b) being used to store a substance in excess of the quantity prescribed in respect of that substance; or
(c) the only practical means of access to a workplace.
(2) In addition to the powers specified in subsection (1), an inspector may, if the inspector suspects on reasonable grounds that an offence against this Act has been committed, seize and retain anything that affords evidence of that offence or in relation to which the offence is suspected of having been committed.
(3) An inspector, at the request of the person in charge of a place from which anything is seized under subsection (2), is to provide a receipt for the thing seized.
(4) In the exercise of powers under this section, an inspector may be accompanied by such assistants, authorised by the Director or the Secretary, as may be necessary or desirable in the circumstances.
(5) If an interpreter is taken into a place with an inspector –
(a) any question put or requirement made by the interpreter on behalf of the inspector is taken to have been put or made by the inspector; and
(b) a reply to a question or requirement made to the interpreter is taken to have been made to the inspector.
(6) The person in charge of a place that is the subject of an inspection under this section and any employer at that place must provide such assistance as may be necessary to facilitate the exercise of the powers conferred by this section.
Penalty:
In the case of –(a) a body corporate, a fine not exceeding 250 penalty units; and
(b) a natural person, a fine not exceeding 100 penalty units.
(7) An inspector is not to exercise his or her powers under this section so as to unnecessarily impede or obstruct work being carried on at a workplace.
(8) In this section –
"place" includes a building.