AustLII Tasmanian Consolidated Acts

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WORKPLACE HEALTH AND SAFETY ACT 1995 - SECT 37

37. Offences in relation to inspector

      (1) A person must not –

(a) obstruct, wilfully delay, threaten, intimidate or attempt to intimidate an inspector, a person assisting an inspector or an interpreter in the execution of the inspector's functions under this Act; or

(b) without lawful excuse, refuse or fail to comply with a requirement made, or to answer a question asked, by an inspector under this Act; or

(c) furnish an inspector with information requested under this Act knowing that it is false or misleading in a material particular; or

(d) directly or indirectly, prevent or attempt to prevent any person from appearing before or being questioned by an inspector.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 500 penalty units; and

(b) a natural person, a fine not exceeding 200 penalty units.

      (2) A person is not required to provide under subsection (1) –

(a) information that is the subject of legal professional privilege; or

(b) information that is relevant to proceedings that have been commenced under this Act.

      (3) A person is not excused from answering any question asked, or providing any information required, by an inspector under this Act on the ground that the answer or information may tend to incriminate that person.

      (4) In proceedings for an offence against this Act, any answer given, or information provided, to an inspector pursuant to a requirement of an inspector under this Act is not admissible in evidence against the person giving the answer or providing the information –

(a) if the person claims before giving the answer or providing the information that the answer or information may tend to incriminate the person; or

(b) unless the person's entitlement to make a claim of the kind referred to in paragraph (a) was drawn to the person's attention before the answer was given or the information was provided.



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