Commonwealth Consolidated Acts

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OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 - SECT 89

Power of entry etc.

  (1)   In conducting an investigation, an inspector may, to the extent that it is reasonably necessary to do so in connection with the investigation:

  (a)   stop and detain a prescribed ship or prescribed unit; and

  (b)   board a prescribed ship or prescribed unit and enter a workplace on the ship or unit at any reasonable time during the day or night; and

  (c)   search the workplace; and

  (d)   inspect, examine, take measurements of or conduct tests concerning the workplace or any plant, substance or thing at the workplace; and

  (e)   take photographs, or make sketches, of the workplace or any plant, substance or thing at the workplace.

  (2)   Immediately on boarding the prescribed ship or prescribed unit, an inspector must take reasonable steps to notify the purpose of the entry to:

  (a)   the person in command; and

  (b)   if there is a health and safety representative for a designated work group that includes an employee performing work to which the investigation may relate--that representative;

and must, on being asked to do so by the person in command, produce for inspection by that person:

  (c)   the inspector's identity card issued under section   85; and

  (d)   a copy of the Inspectorate's written direction (if any) to conduct the investigation.

  (3)   If an inspector who has entered a workplace fails to produce those documents for inspection when asked, the inspector has no right to remain at the workplace.



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