Commonwealth Consolidated Acts

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OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 - SECT 90

Power to require assistance and information

  (1)   An inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of an investigation, require:

  (a)   the operator; or

  (b)   a person representing the operator; or

  (c)   any owner or occupier of a workplace at which the investigation is being conducted; or

  (d)   any employee or contractor;

to give to the inspector reasonable assistance, to answer any questions put by the inspector, and to produce any documents requested by the inspector, reasonably connected with the conduct of the investigation.

  (2)   A person must not fail to comply with a requirement under this section.

Penalty:   Imprisonment for 6 months.

  (3)   Subsection   ( 2) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   ( 3 ) (s ee subsection   13.3(3) of the Criminal Code ).



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