Western Australian Current Acts

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WORK HEALTH AND SAFETY ACT 2020 - SECT 175

175 .         Power to seize things

        (1)         An inspector who enters a place under Division 3 may seize anything (including a document) at the place if the inspector reasonably believes —

            (a)         that the thing is evidence of an offence against this Act; or

            (b)         that the seizure of the thing is reasonably necessary to enable the thing to be inspected, examined, analysed or tested; or

            (c)         that the seizure of the thing is otherwise reasonably necessary to enable an inspector to exercise compliance powers.

        (2)         An inspector who enters a place under Division 3 Subdivision 2 may also seize the following at the place —

            (a)         any thing, or any thing of a class, to which section 167C(1)(f) applies as stated in the entry warrant under section 167(5)(c);

            (b)         any document, or any document of a class, to which section 167C(1)(i) applies as stated in the entry warrant under section 167(5)(d);

            (c)         any print out, copy or reproduction of any document, or of any document of a class, to which section 167C(1)(i) applies as stated in the entry warrant under section 167(5)(d);

            (d)         if the inspector reasonably suspects that any document, or any document of a class, to which section 167C(1)(i) applies as stated in the entry warrant under section 167(5)(d) is stored on, or can be accessed or recovered from, a computer or other device — the computer or other device if it is reasonably necessary to seize the computer or other device in order to access and operate it as referred to in section 167C(1)(i)(i).

        (3)         If a computer or other device is seized under subsection (2)(d) —

            (a)         an inspector may access and operate the computer or other device as referred to in section 167C(1)(i)(i); and

            (b)         an inspector may seize any thing of the kind referred to in subsection (2)(b) or (c) that is stored on, or accessed or recovered from, or otherwise obtained by accessing and operating, the computer or other device.



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