Commonwealth Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 155

  (1)   This section applies if the regulator has reasonable grounds to believe that a person is capable of giving information, providing documents or giving evidence in relation to a possible contravention of this Act or that will assist the regulator to monitor or enforce compliance with this Act.

  (2)   The regulator may, by written notice served on the person, require the person to do 1 or more of the following:

  (a)   to give the regulator, in writing signed by the person (or in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the manner specified in the notice, that information of which the person has knowledge;

  (b)   to produce to the regulator, in accordance with the notice, those documents;

  (c)   to appear before a person appointed by the regulator on a day, and at a time and place, specified in the notice (being a day, time and place that are reasonable in the circumstances) and give either orally or in writing that evidence and produce those documents.

  (2A)   The notice may be served in any way that a notice may be issued or given under section   209.

  (3)   The notice must:

  (a)   state that the requirement is made under this section; and

  (b)   contain a statement to the effect that it is an offence to refuse or fail to comply with the requirement without reasonable excuse; and

  (c)   if the notice requires the person to provide information or documents or answer questions:

  (i)   contain a statement about the effect of sections   172 and 269; and

  (ii)   state that the person may attend with a legal practitioner.

  (4)   The regulator must not make a requirement under subsection   (2)(c) unless the regulator has taken all reasonable steps to obtain the information under subsections   (2)(a) and (b) and has been unable to do so.

  (5)   A person must not, without reasonable excuse, refuse or fail to comply with a requirement under this section.

Penalty:   The tier D monetary penalty.

  (6)   Subsection   (5) places an evidential burden on the accused to show a reasonable excuse.

  (7)   Section   172 (with any necessary changes) applies to a requirement under this section.