Commonwealth Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 (NO. 137, 2011) - SECT 165

             (1)  An inspector who enters a workplace under section 163 may do all or any of the following:

                     (a)  inspect, examine and make inquiries at the workplace;

                     (b)  inspect and examine anything (including a document) at the workplace;

                     (c)  bring to the workplace and use any equipment or materials that may be required;

                     (d)  take measurements, conduct tests and make sketches or recordings (including photographs, films, audio, video, digital or other recordings);

                     (e)  take and remove for analysis a sample of any substance or thing;

                      (f)  require a person at the workplace to give the inspector reasonable help to exercise the inspector's powers under paragraphs (a) to (e);

                     (g)  exercise any compliance power or other power that is reasonably necessary to be exercised by the inspector for the purposes of this Act.

             (2)  A person required to give reasonable help under subsection (1)(f) must not, without reasonable excuse, refuse or fail to comply with the requirement.

Penalty:

                     (a)  In the case of an individual--$10 000.

                     (b)  In the case of a body corporate--$50 000.

             (3)  Subsection (2) places an evidential burden on the accused to show a reasonable excuse.