Northern Territory Numbered Acts

WORKPLACE HEALTH AND SAFETY ACT 2007 (NO 31 OF 2007) - SECT 70

    (1)     A workplace safety officer who enters a workplace for the purposes of an authorised investigation may exercise 1 or more of the following powers:

    (a)     observe how work is carried out at the workplace;

    (b)     make a visual or audiovisual record of any process or thing at the workplace;

    (c)     operate equipment or facilities at the workplace;

    (d)     examine any records or other documentary materials relevant to the safety of the workplace or of work carried on at the workplace;

    (e)     take samples of workplace materials;

    (f)     measure temperatures, noise levels, levels of atmospheric pollution, contamination or radiation, or any other factors that could affect the health or safety of workers;

    (g)     take possession of any object or material (including records or documentary material) that may be evidence of a contravention of this Act; 

    (h)     ask any person on the premises to do any of the following:

        (i)     to state the person's full name, date of birth and address;

        (ii)     to answer questions relevant to the investigation asked by the officer;

        (iii)     to produce specified records or documentary material relevant to the investigation;

        (iv)     to operate equipment or facilities on the premises;

        (v)     to give other assistance the officer reasonably requires.

    (2)     A person to whom a request is addressed under subsection (1)(h) must comply with the request to the best of the person's ability and, if asked to answer a question, must do so to the best of the person's knowledge, information and belief.

Maximum penalty:     20 penalty units.

    (3)     If a workplace safety officer takes anything from the workplace, the officer must issue a receipt in the approved form and:

    (a)     if the occupier or a person apparently responsible to the occupier is present, give it to him or her; or

    (b)     otherwise, leave it on the premises in an envelope addressed to the occupier.

    (4)     If a workplace safety officer takes a sample for analysis, the officer must, if practicable:

    (a)     divide the sample into three approximately equal portions; and

    (b)     give 1 to the employer, submit another for analysis and retain the third for future comparison.