Western Australian Current Acts

WORK HEALTH AND SAFETY ACT 2020 - SECT 167C

167C .         General powers when executing entry warrant

        (1)         An inspector who enters a place under an entry warrant may, for the purpose for which the warrant is issued and otherwise subject to the contents of the warrant, do all or any of the following —

            (a)         inspect, examine and make inquiries at the place;

            (b)         inspect and examine anything (including a document) at the place;

            (c)         bring to the place and use any equipment or materials that may be required;

            (d)         take measurements, conduct tests and make sketches or recordings (including photographs, films, audio, video, digital or other recordings);

            (e)         take and remove for analysis, testing or examination a sample of any substance or thing without paying for it;

            (f)         search at the place for any thing, or any class of things, to which this paragraph applies as stated in the warrant under section 167(5)(c);

            (g)         require a person at the place to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (f);

            (h)         make any reasonable use of any equipment, facilities or services at the place and for that purpose —

                  (i)         operate the equipment or facilities;

                  (ii)         require a person at the place to do anything that is reasonable and necessary to facilitate that use;

                  (i)         if the inspector reasonably suspects that any document, or any document of a class, to which this paragraph applies as stated in the warrant under section 167(5)(d) is stored on, or can be accessed or recovered from, a computer or other device at the place (the device ) —

                  (i)         access and operate the device to search for, access, recover, download, print out, copy or reproduce the document;

                  (ii)         require any person at the place who has, or appears to have, control of the device, or knowledge of how the device can be accessed or operated, to give the inspector any code, password or other information that is reasonable and necessary for accessing or operating the device as referred to in subparagraph (i);

            (j)         exercise any compliance power or other power that is reasonably necessary to be exercised by the inspector for the purposes of this Act.

        (2)         A person on whom a requirement is imposed under subsection (1)(g) must not refuse or fail to comply with the requirement.

        Penalty for this subsection:

            (a)         for an individual, a fine of $12 500;

            (b)         for a body corporate, a fine of $55 000.

        (3)         A person on whom a requirement is imposed under subsection (1)(h)(ii) or (i)(ii) must not, without reasonable excuse, refuse or fail to comply with the requirement.

        Penalty for this subsection:

            (a)         for an individual, a fine of $12 500;

            (b)         for a body corporate, a fine of $55 000.

        (4)         Subsection (3) places an evidential burden on the accused to show a reasonable excuse.