Petroleum (Submerged Lands) Act 1982

In conducting an inspection, an OHS inspector may, to the extent it is reasonably necessary for the purposes of inspecting, examining, taking measurements of or conducting tests concerning, any plant, substance or thing at a facility in connection with the inspection—

take possession of the plant, substance or thing and remove it from the facility; or

take a sample of the substance or thing and remove the sample from the facility.

On taking possession of plant, a substance or a thing, or taking a sample of a substance or thing, the OHS inspector must, by notice in writing, inform the following person of the taking of possession or the taking of the sample, as the case may be, and the reasons for it—

the operator of the facility; and

if the plant, substance or thing is used for the performance of work by an employer of a member or members of the workforce at the facility other than the operator of the facility—the employer; and

if the plant, substance or thing is owned by a person other than a person mentioned in paragraph (a) or (b)—the person; and

if there is a health and safety representative for a designated work group that includes a member of the workforce who is affected by the matter to which the inspection relates—the representative.

If the OHS inspector gives the notice to the operator of the facility to which the inspection relates, the operator’s representative at the facility must cause the notice to be displayed in a prominent place at the workplace from which the plant, substance or thing was removed.

If the OHS inspector takes possession of plant, a substance or a thing at a workplace for the purpose of inspecting, examining, taking measurements of or conducting tests concerning, the plant, substance or thing, the OHS inspector must—

ensure the inspection, examination, measuring or testing is conducted as soon as practicable; and

return it to the workplace as soon as practicable afterwards.

As soon as practicable after completing the inspection, examination, measurement or testing, the investigator must give a written statement of the results to each person whom the investigator is required to notify under subsection (2).