91—Interference with accident sites
(1) A person must not
interfere with a site, on a facility, where there is—
(a) an
accident that causes the death of, or serious personal injury to, any person;
or
(b) an
accident that causes a member of the workforce to be incapacitated from
performing work for a period of 3 days; or
(c) a
dangerous occurrence,
before the completion of the inspection of the site by an OHS inspector.
Maximum penalty: $2 200.
(2) It is a defence to
a prosecution for an offence against subregulation (1) that—
(a) the
person was acting with the written or oral authority of an OHS inspector; or
(b) the
person was acting, in a reasonable manner, for any of the following purposes:
(i)
helping or rescuing a sick, injured or endangered person;
(ii)
maintaining the safety of the facility or of persons at
the facility;
(iii)
reducing danger to the facility or to persons at the
facility;
(iv)
retrieving, or attempting to retrieve, the body of a dead
person; or
(c) the
operator has given the Safety Authority notice of, and a report about, the
accident or dangerous occurrence under clause 67 of Schedule 7 of
the Act, and an OHS inspector has not entered the facility where the accident
or dangerous occurrence occurred in response to the notice within
3 working days of the operator giving notice to the Safety Authority.