Queensland Numbered Acts

MINING AND OTHER LEGISLATION AMENDMENT ACT 2007 No. 46 - SECT 107

After section 126--

insert--

'The chief executive may appoint officers or employees of the public service as authorised officers.

'(1) The chief executive may only appoint a person as an authorised officer after deciding the functions the person may perform under this Act having regard to the person's competencies and experience.

'(2) If the chief executive decides that the functions the person may perform as an authorised officer are limited because of the person's competencies and experience, the chief executive, when appointing the person as an authorised officer, must correspondingly limit the extent to which the person may perform functions or exercise powers as provided under section 126C.

'(1) A person who is appointed as an authorised officer holds office on any conditions stated in--

(a) the person's instrument of appointment; or

(b) a signed notice given to the person by the chief executive.

'(2) The instrument of appointment, a notice given to the person by the chief executive or a regulation may limit the person's functions or powers under this Act for the office.

'(3) An authorised officer is also subject to the directions of the chief inspector in performing the functions or exercising the powers.

'(4) This section applies despite any other provision of this Act.

'Subject to sections 126B and 126C, authorised officers have the following functions--

(a) to monitor safety and health performance at mines;

(b) to inspect and audit mines to assess whether risk is at an acceptable level;

(c) to help persons to achieve the purposes of this Act by providing advice and information on how the purposes are to be achieved;

(d) to check that safety and health management systems and procedures are in place to control risk to persons affected by operations;

(e) to investigate serious accidents and high potential incidents and other matters at mines that affect the effective management of risk to persons;

(f) to investigate complaints about matters relating to safety or health resulting from operations.

'(1) This section applies if before exercising a power or further exercising a power in relation to a person, an authorised officer is asked by the person for information about the authorised officer's functions or powers under the Act.

'(2) The authorised officer must only exercise, or continue to exercise, the power in relation to the person if the authorised officer first produces for the person's inspection a list of the authorised officer's functions and powers under the Act.