Western Australian Current Acts

WORK HEALTH AND SAFETY ACT 2020 - SECT 410

410 .         Inspectors under OSHA

        (1)         Subsection (2) applies to a person who, immediately before commencement day, is —

            (a)         an inspector appointed under section 42 of OSHA; or

            (b)         a restricted inspector appointed under section 42A of OSHA.

        (2)         The person is taken to have been appointed as an inspector under section 156 at the beginning of commencement day.

        (3)         A person who is an inspector under this Act (including by virtue of this Division) —

            (a)         is taken to be an inspector under OSHA as OSHA continues to apply under this Part or otherwise; and

            (b)         may accordingly exercise or perform any powers or functions of an inspector under OSHA as OSHA continues to apply under this Part or otherwise.

        (4)         An inspector under this Act may exercise a compliance power for the purposes of any matter or thing to which, or in relation to which, OSHA continues to apply under this Part or otherwise as if this Act applied to, or in relation to, the matter or thing.

        (5)         For the purposes of subsection (4), but without limiting that subsection, in this Act, where relevant, references to offences against, or contraventions of, this Act include references to offences against, or contraventions of, OSHA.

        (6)         Action taken, or documents or information obtained, by an inspector under this Act may be relied upon, or otherwise used, for the purposes of OSHA as it continues to apply under this Part or otherwise.