Australian Capital Territory Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY ACT (NO. 18 OF 1989) - SECT 62

62. (1) For the purpose of ascertaining whether the provisions of this Act or the regulations are being complied with, an inspector may, without the authority of a warrant—

        (a)     enter premises other than residential premises at any reasonable time; or

        (b)     enter any premises at any time with the consent of the occupier;

and, subject to subsection (2), exercise any power referred to in subsection (3) if the inspector believes on reasonable grounds that the premises are used, or are intended to be used, as a workplace.

(2) An inspector who enters premises under subsection (1) is not entitled to remain on the premises if, on request by the occupier, the inspector does not show his or her identity card to the occupier.

(3) An inspector who enters premises under subsection (1) may—

        (a)     inspect, examine, take measurements of, or conduct tests concerning, the premises or any system of work, plant, substance or thing at the premises;

        (b)     take into the premises such equipment and materials as the inspector considers necessary;

        (c)     require any person on the premises—

              (i)     to give the inspector such information; or

              (ii)     to produce to the inspector any document containing such information;

relating to the premises or any system of work, plant, substance or thing at the premises as the inspector requires;

        (d)     inspect, make copies of, or take extracts from, a document referred to in subparagraph (c) (ii);

        (e)     take such photographs, or make such sketches or recordings, as the inspector considers necessary;

        (f)     to the extent that it is necessary to inspect or examine, or to take measurements or conduct tests in relation to, any plant, substance or thing at the premises—

              (i)     seize the plant, substance or thing and remove it from the premises; or

              (ii)     take (without paying for it) a sample of the substance or thing and remove the sample from the premises;

        (g)     seize any plant, substance or thing that the inspector believes on reasonable grounds is connected with an offence against this Act or the regulations and remove it from the premises; or

        (h)     require the occupier to give the inspector such assistance as is necessary and reasonable to enable the inspector to exercise his or her powers under this Act or the regulations.