Australian Capital Territory Repealed Acts

This legislation has been repealed.

OCCUPATIONAL HEALTH AND SAFETY ACT 1989 (REPEALED) - SECT 90

    (1)     For this Act, an inspector may—

        (a)     at any reasonable time, enter premises that the inspector believes, on reasonable grounds, are a workplace; or

        (b)     at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or

        (c)     at any time, enter premises with the occupier's consent; or

        (d)     enter premises in accordance with a search warrant; or

        (e)     at any time, enter premises if the inspector believes, on reasonable grounds, that the circumstances are of such seriousness and urgency as to require immediate entry to the premises without the authority of a search warrant.

Note     Premises includes any land, structure or vehicle and any part of an area of land, a structure or vehicle (see dict).

    (2)     However, subsection (1) (a) does not authorise entry into a part of premises that is being used only for residential purposes.

    (3)     For subsection (1), an inspector may stop and detain a vehicle that the inspector believes, on reasonable grounds—

        (a)     is a workplace; or

        (b)     contains documents relating to occupational health or safety at a workplace.

    (4)     For subsection (3), the inspector—

        (a)     may direct the driver of the vehicle to move the vehicle to a place (or another place) to which the public has access; and

        (b)     may exercise the inspector's powers in relation to the vehicle at the place; and

        (c)     must not detain the vehicle for longer than is reasonably necessary to exercise the inspector's powers under this division.

    (5)     An inspector may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises.

    (6)     To remove any doubt, an inspector may enter premises under subsection (1) without payment of an entry fee or other charge.

    (7)     For subsection (1) (e), the inspector may enter the premises with any necessary assistance and force.

    (8)     In this section:

"at any reasonable time" means at any time—

        (a)     for subsection (1) (a)—during normal business hours or any other time when the premises are being used as a workplace; or

        (b)     for subsection (1) (b)—when the public is entitled to use the premises, or when the premises are open to or used by the public, whether or not on payment of money.