Work Health and Safety Act 2012

Having seized a thing, an inspector may – move the thing from the place where it was seized (the place of seizure); or leave the thing at the place of seizure but take reasonable action to restrict access to it; or

if the thing is plant or a structure – dismantle or cause to be dismantled the plant or structure.

If an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an inspector's approval. In the case of – an individual, a fine not exceeding $10 000; or a body corporate, a fine not exceeding $50 000.

To enable a thing to be seized, an inspector may require the person in control of it – to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a reasonable time.

The requirement – must be made by written notice; or if for any reason it is not practicable to give the notice, may be made orally and confirmed by written notice as soon as practicable.

A further requirement may be made under this section in relation to the same thing if it is necessary and reasonable to make the further requirement.

The person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (3) or (5). In the case of – an individual, a fine not exceeding $10 000; or a body corporate, a fine not exceeding $50 000.

Subsection (6) places an evidential burden on the accused to show a reasonable excuse.