Commonwealth Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 183

Inspector to give notice of damage

  (1)   This section applies if an inspector or an assistant to an inspector damages a thing when exercising or purporting to exercise a compliance power.

  (2)   The inspector must, as soon as practicable, give written notice of the damage to the person who the inspector believes on reasonable grounds, is the person in control of the thing.

  (3)   If the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the inspector's or assistant's control, the inspector may state it in the notice.

  (4)   If, for any reason, it is impracticable to comply with subsection   (2), the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.

  (5)   This section does not apply to damage the inspector reasonably believes is trivial.



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