New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 165

165 General powers on entry

(1) An inspector who enters a workplace under this Division may do all or any of the following--

(a) inspect, examine and make inquiries at the workplace,

(b) inspect and examine anything (including a document) at the workplace,

(c) bring to the workplace 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 a sample of any substance or thing without paying for it,

(f) require a person at the workplace to give the inspector reasonable help to exercise the inspector's powers under paragraphs (a) to (e),

(g) 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 required to give reasonable help under subsection (1) (f) must not, without reasonable excuse, refuse or fail to comply with the requirement.

: Maximum penalty--

(a) for an individual--121 penalty units, or

(b) for a body corporate--607 penalty units.

(3) Subsection (2) places an evidential burden on the accused to show a reasonable excuse.