Commonwealth Numbered Acts

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WORK HEALTH AND SAFETY ACT 2011 (NO. 137, 2011) - SECT 173

Warning to be given

             (1)  Before requiring a person to answer a question or provide information or a document under this Part, an inspector must:

                     (a)  identify himself or herself to the person as an inspector by producing the inspector's identity card or in some other way; and

                     (b)  warn the person that failure to comply with the requirement or to answer the question, without reasonable excuse, would constitute an offence; and

                     (c)  warn the person about the effect of section 172; and

                     (d)  advise the person about the effect of section 269.

             (2)  It is not an offence for an individual to refuse to answer a question put by an inspector or provide information or a document to an inspector under this Part on the ground that the question, information or document might tend to incriminate him or her, unless he or she was first given the warning in subsection (1)(c).

             (3)  Nothing in this section prevents an inspector from obtaining and using evidence given to the inspector voluntarily by any person.



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