Western Australian Current Regulations

MINES SAFETY AND INSPECTION LEVY REGULATIONS 2010 - REG 37

37 .         Investigation powers of authorised persons

        (1)         In this regulation —

        investigation purposes means purposes connected with investigating and enforcing compliance with these regulations, including the following purposes —

            (a)         obtaining information relevant to determining an amount payable under these regulations;

            (b)         auditing records required to be kept under these regulations;

            (c)         obtaining evidence of a suspected offence under these regulations.

        place means a mine or any other place, other than a place in use as a residence.

        (2)         For investigation purposes, an authorised person may do any or all of the following —

            (a)         during ordinary business hours enter, inspect and examine any place and examine anything at the place (but must do so in such manner as not unnecessarily to impede or obstruct the working of the place);

            (b)         when entering a place, take with the authorised person such equipment and materials as the authorised person considers appropriate;

            (c)         conduct such examination and inquiry as the authorised person considers is necessary;

            (d)         provide information to any person;

            (e)         take possession of any document or thing the authorised person considers relevant for further examination or for use as evidence;

            (f)         require the production of, examine, and take copies of or extracts from, any document the authorised person considers relevant;

            (g)         in accordance with subregulations (3) and (4), interview any person who the authorised person has reasonable grounds to believe is able to provide relevant information;

            (h)         require the attendance of any person for an interview under paragraph (g);

                  (i)         require any person who the authorised person interviews under paragraph (g) to answer any question put to the person and, if the authorised person considers it appropriate, to verify any such answer by statutory declaration;

            (j)         require any person to state his or her name and address;

            (k)         require any person at a place to give such assistance to the authorised person as the authorised person considers necessary for the performance of the authorised person’s functions under this Part.

        (3)         An interview referred to in subregulation (2)(g) must be conducted in private if —

            (a)         the authorised person considers that to be appropriate; or

            (b)         the person to be interviewed so requests,

                but this regulation does not limit the operation of subregulation (5).

        (4)         Subregulation (3) may be invoked during an interview by —

            (a)         the authorised person; or

            (b)         the person being interviewed,

                in which case that subregulation applies to the remainder of the interview.

        (5)         In exercising any power under this regulation, an authorised person may be accompanied by any other person whose assistance the authorised person considers necessary, and that person may do such things as are necessary to assist the authorised person in the performance of his or her functions, and anything so done is deemed to have been done by the authorised person.

        (6)         Where an authorised person intends to enter, inspect and examine a place under subregulation (2)(a), the authorised person must, where practicable, give notice of his or her intention to do so to a person apparently in a position of authority at the place.