Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if the work health and safety commissioner believes, on reasonable grounds, that a person (the relevant person ) may have contravened, or may be contravening, a provision of this Act.
Note A reference to an Act includes a reference to statutory instruments made or in force under the Act, including any regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act
, s 104).
(2) The work health and safety commissioner may, by written notice given to a person (including the relevant person), require the person to attend before the work health and safety commissioner at a stated reasonable time and place to do either or both of the following:
(a) answer questions that the work health and safety commissioner considers necessary to decide whether the relevant person has contravened or is contravening this Act;
(b) produce the documents stated in the notice.
Note For how the notice may be served, see the Legislation Act
, pt 19.5.
(3) The work health and safety commissioner may require a person to produce a document under subsection (2) (b) only if the work health and safety commissioner considers the production necessary to decide whether the relevant person has contravened or is contravening this Act.
(4) The notice must—
(a) state that the requirement is made under this section; and
(b) contain a statement to the effect that failure to comply with the notice is an offence; and
(c) if the notice requires the person to answer questions—
(i) contain a statement about the effect of section 92 (Privileges against self-incrimination and exposure to civil penalty); and
(ii) state that the person may attend with a lawyer.
(5) To remove any doubt, for this section, a person answers a question if the person explains why the person or an entity did or did not do something.