Northern Territory Consolidated Acts

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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) ACT - SECT 39

Duty to preserve incident sites

    (1)     The person with management or control of a workplace at which a notifiable incident has occurred must ensure so far as is reasonably practicable, that the site where the incident occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs.

Maximum penalty:

        (a)     in the case of an individual – $10 000; or

        (b)     in the case of a body corporate – $50 000.

Note for subsection (1)

Strict liability applies to each physical element of this offence – see section 12B.

    (2)     In subsection (1) a reference to a site includes any plant, substance, structure or thing associated with the notifiable incident.

    (3)     Subsection (1) does not prevent any action:

        (a)     to assist an injured person; or

        (b)     to remove a deceased person; or

        (c)     that is essential to make the site safe or to minimise the risk of a further notifiable incident; or

        (d)     that is associated with a police investigation; or

        (e)     for which an inspector or the regulator has given permission.



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