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COMMONWEALTHAct
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s 602E

Listed NOPSEMA laws—additional powers

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Part 6.5Compliance and enforcement

602E Listed NOPSEMA laws—additional powers

Additional powers

(1)

A NOPSEMA inspector may exercise the powers covered by subsection (2) after entering premises under Part 3 of the Regulatory Powers Act (as it applies under this Division).

Powers that may be exercised

(2)

The powers covered by this subsection are as follows:

(a)

if the inspector’s entry is in connection with a listed NOPSEMA law that is a petroleum environmental law—the power in relation to the premises that the inspector would have, if the inspector had entered the premises for the purposes of a petroleum environmental inspection under Schedule 2A, to issue a do not disturb notice under clause 10 of Schedule 2A;

(b)

if the inspector’s entry is in connection with a listed NOPSEMA law that is a listed OHS law—the powers in relation to the premises that the inspector would have, if the inspector had entered the premises for the purposes of an OHS inspection under Schedule 3, to issue any of the following:

(i)

a do not disturb notice under clause 76 of Schedule 3;

(ii)

a prohibition notice under clause 77 of Schedule 3;

(iii)

an improvement notice under clause 78 of Schedule 3.

Application of Schedule 2A and Schedule 3

(3)

Schedule 2A applies in relation to the exercise (as provided by this section) of a power covered by paragraph (2)(a) as if the inspector were conducting a petroleum environmental inspection under that Schedule.

(4)

Schedule 3 applies in relation to the exercise (as provided by this section) of a power covered by paragraph (2)(b) as if the inspector were conducting an OHS inspection under that Schedule.

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