Power to require the answering of questions and the production of documents or articles
62 Power to require the answering of questions and the production of documents or articles
If an OHS inspector believes on reasonable grounds that a prescribed person is capable of answering a question that is reasonably connected with the conduct of an inspection, the OHS inspector may, to the extent it is reasonably necessary to do so in connection with the conduct of the inspection, require the person to answer the question put by the OHS inspector.
If, when a requirement under subsection (1) is imposed on a person, the person is not physically present on regulated business premises, the person is not obliged to comply with the requirement unless the requirement—
is in writing; and
states the day on or before which the question is to be answered, being at least 14 days after the day on which the requirement is imposed; and
is accompanied by a statement to the effect that a failure to comply with the requirement is an offence.
If an OHS inspector believes on reasonable grounds that a prescribed person is capable of producing a document or article that is reasonably connected with the conduct of an inspection, the OHS inspector may, to the extent it is reasonably necessary to do so in connection with the conduct of the inspection, require the person to produce the document or article.
If, when a requirement under subsection (3) is imposed on a person, the person is not physically present on regulated business premises, the person is not obliged to comply with the requirement unless the requirement—
is in writing; and
states the day on or before which the document or article is to be produced, being at least 14 days after the day on which the requirement is imposed; and
is accompanied by a statement to the effect that a failure to comply with the requirement is an offence.
A person must not—
fail, without reasonable excuse, to comply with a requirement under this section; or
in purported compliance with a requirement under this section, give information that is false or misleading in a material particular.
Maximum penalty—33 penalty units or 6 months imprisonment.
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