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MINING AND QUARRYING SAFETY AND HEALTH ACT 1999 - SECT 151
Power to require production of documents
151 Power to require production of documents
(1) An officer may require a person who has a safety and health obligation
under this Act to make available, or produce, for inspection by the officer,
at a reasonable time and place nominated by the officer, a document to which
the person has access that relates or is related to the person’s obligations
under this Act.
(2) The officer may keep the document to copy it.
(3) If the
officer copies the document, or an entry in the document, the officer may
require the person responsible for keeping the document to certify the copy as
a true copy of the document or entry.
(4) The officer must return the
document to the person as soon as practicable after copying it.
(5) However,
if a requirement (
"document certification requirement" ) is made of a person under subsection
(3) , the officer may keep the document until the person complies with the
requirement.
(6) Also, the officer may keep the document if the officer
believes it is required for the investigation of a serious accident or high
potential incident.
(6A) If an officer keeps a document under subsection (6)
, the officer must give a copy of the document to the person responsible for
keeping the document.
(7) A requirement under subsection (1) is a
"document production requirement" .
(8) When making a
document production requirement or document certification requirement, an
officer must warn the person of whom the requirement is made that it is an
offence to fail to comply with the requirement unless the person has a
reasonable excuse.
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