Australian Capital Territory Repealed Acts

This legislation has been repealed.

OCCUPATIONAL HEALTH AND SAFETY ACT 1989 (REPEALED) - SECT 101

    (1)     This section applies if an inspector has seized a thing at premises (the place of seizure ) under section 100.

    (2)     The inspector may—

        (a)     remove the thing from the place of seizure to another place; or

        (b)     leave the thing at the place of seizure but restrict access to it; or

        (c)     for a thing mentioned in section 102 (1)—destroy or otherwise dispose of the thing under section 102 (5).

Example of how access may be restricted for par (b)

The inspector may—

(a)     place the seized thing in a room or other enclosed area, compartment or cabinet at the place of seizure; and

(b)     fasten and seal the door or opening providing access to the room, area, compartment or cabinet; and

(c)     mark the door or opening in a way that indicates that access to it has been restricted under this Act.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     A person commits an offence if—

        (a)     the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (2); and

        (b)     the person does not have an inspector's approval to interfere with the thing.

Maximum penalty: 100 penalty units.

    (4)     An offence against this section is a strict liability offence.