Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 177

177 Powers supporting seizure

(1) Having seized a thing, an inspector may—

(a) move the thing from the place where it was seized (the
"place of seizure" ); or

(b) leave the thing at the place of seizure but take reasonable action to restrict access to it; or

Examples—

1 sealing a thing and marking it to show access to it is restricted

2 sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted

(c) if the thing is plant or a structure—dismantle or cause to be dismantled the plant or structure.

(2) If an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an inspector’s approval.

Penalty—

Maximum penalty—100 penalty units.

(3) To enable a thing to be seized, an inspector may require the person in control of it—

(a) to take it to a stated reasonable place by a stated reasonable time; and

(b) if necessary, to remain in control of it at the stated place for a reasonable time.

(4) The requirement—

(a) must be made by written notice; or

(b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by written notice as soon as practicable.

(5) A further requirement may be made under this section in relation to the same thing if it is necessary and reasonable to make the further requirement.

(6) The person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (3) or (5) .

Penalty—

Maximum penalty—100 penalty units.

(7) Subsection (6) places an evidential burden on the defendant to show a reasonable excuse.