Queensland Consolidated Acts

MINING AND QUARRYING SAFETY AND HEALTH ACT 1999 - SECT 136

136 General powers after entering mine or other places

(1) This section applies to an officer who enters a mine or other place.

(2) However, if an officer enters a place to get the occupier’s consent to enter premises, this section applies to the officer only if the consent is given or the entry is otherwise authorised.

(3) For monitoring and enforcing compliance with this Act, or for conducting an investigation under this Act, the officer may—

(a) search any part of the mine or other place; or

(b) inspect, measure, test, photograph or film any part of the mine or other place or anything at the mine or other place; or

(c) take a thing, or a sample of or from a thing, at the mine or other place for analysis or testing; or

(d) copy a document at the mine or other place; or

(e) take into or onto the mine or other place any persons, equipment and materials the officer reasonably requires for exercising a power under this division; or

(f) require a person at the mine or other place, to give the officer reasonable help to exercise the officer’s powers under paragraphs (a) to (e) ; or

(g) require a person at the mine or other place, to answer questions by the officer to help the officer ascertain whether this Act is being or has been complied with, or for the purpose of conducting an investigation under this Act.

(4) When making a requirement mentioned in subsection (3) (f) or (g) , the officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.