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COMMONWEALTHAct
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s 165

General powers on entry

In force
Part 9Securing compliance
Division 3Powers relating to entry
Subdivision 1General powers of entry

165 General powers on entry

(1)

An inspector who enters a workplace under section 163 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;

(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.

Penalty: The tier D monetary penalty.

(3)

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

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