Petroleum (Submerged Lands) Act 1982

This section applies if an OHS inspector intends to ask an occupier of a place to consent to the OHS inspector entering the place under section 45(1)(a).

Before asking for the consent, the OHS inspector must—

tell the occupier—

the purpose of the entry; and

that the occupier is not required to consent; and

take reasonable steps to produce, for inspection by the occupier, the OHS inspector’s identity card.

The OHS inspector must, on being requested to do so by the occupier, produce each of the following for inspection by the occupier—

a copy of the Safety Authority’s written direction, if any, to conduct the inspection;

a copy of the restrictions, if any, imposed on the powers of the OHS inspector under section 43(4).

If the consent is given, the OHS inspector may ask the occupier to sign an acknowledgment of the consent.

The acknowledgment must state—

the occupier has been told—

the purpose of the entry; and

that the occupier is not required to consent; and

the purpose of the entry; and

the occupier gives the OHS inspector consent to enter the place and exercise powers under this division; and

the time and date the consent was given.

If the occupier signs an acknowledgment, the OHS inspector must immediately give a copy to the occupier.

If—

an issue arises in a proceeding about whether the occupier consented to the entry; and

an acknowledgment complying with subsection (4) for the entry is not produced in evidence;