Australian Capital Territory Repealed Acts

This legislation has been repealed.

OCCUPATIONAL HEALTH AND SAFETY ACT 1989 (REPEALED) - SECT 96

    (1)     This section applies if an inspector believes, on reasonable grounds, that—

        (a)     premises are a workplace; and

        (b)     there is an imminent risk of serious harm to a person at or near the premises; and

        (c)     it is necessary for the inspector to take action without delay to prevent or minimise the risk.

Note 1     At premises includes in or on the premises (see dict).

Note 2     Premises includes any land, structure or vehicle and any part of an area of land, a structure or vehicle (see dict).

    (2)     This section applies even if an inspector has given a person an improvement or prohibition notice in relation to the premises and the time for complying with the notice has not ended.

    (3)     The inspector may take the action the inspector believes, on reasonable grounds, is necessary to prevent or minimise the risk.

    (4)     For subsection (3), the inspector may enter the premises with any necessary assistance and force.

    (5)     In deciding the action to be taken, the inspector must, to the extent that is reasonably practicable, consult with the occupier of the premises and the chief executive.

    (6)     The action an inspector may take includes asking someone the inspector believes, on reasonable grounds, has appropriate knowledge and experience to help the inspector prevent or minimise the risk.

    (7)     If an inspector asks someone to help under subsection (6), the person is taken to have the powers of an inspector to the extent reasonably necessary for the person to help prevent or minimise the risk.

    (8)     The power to enter premises under this section is additional to the powers under section 90 (General power of inspectors to enter premises).