Australian Capital Territory Repealed Acts

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This legislation has been repealed.

OCCUPATIONAL HEALTH AND SAFETY ACT 1989 (REPEALED) - SECT 80

Powers available to authorised representative on entry

    (1)     This section applies if an authorised representative enters premises under section 77 (Entry to workplaces by authorised representatives) to investigate a suspected contravention of this Act.

    (2)     The authorised representative may investigate the contravention by doing 1 or more of the following:

        (a)     inspect or view work, materials, plant or systems at the premises;

        (b)     interview members of the registered organisation (or people who are eligible to be members of the organisation) with their consent;

        (c)     take measurements and make sketches, drawings or any other kind of record (including photographs, films, or audio, video or other recordings) at the premises;

    (d)     require the production for inspection of documents relating to occupational health and safety at the premises;

        (e)     examine and copy, or take extracts from, any document produced as required under paragraph (d);

Note     It is an offence for a person (including an authorised representative) to disclose protected information obtained while exercising a function under this Act (see s 207).

        (f)     require the occupier, an employee or anyone else working at the premises, to give the representative any assistance reasonably needed to exercise a function under this part at the premises.

    (3)     However, the authorised representative must not make a requirement of a person under subsection (2) (d) or (f) unless the representative has shown the person his or her authorisation.



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