Northern Territory Consolidated Acts

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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) ACT 2011 - SECT 165

General powers on entry

    (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 without paying for it;

        (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.

Maximum penalty:

        (a)     in the case of an individual – $10 000; or

        (b)     in the case of a body corporate – $50 000.

Note for subsection (2)

Strict liability applies to each physical element of this offence – see section 12B.

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



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