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WORK HEALTH AND SAFETY ACT 2011 - SECT 171
Power to require production of documents and answers to questions
171 Power to require production of documents and answers to questions
(1) If an inspector enters a workplace under this division, or has within the
last 30 days entered a workplace under this division, the inspector or another
inspector may— (a) require a person to tell the inspector who has custody
of, or access to, a document; or
(b) require a person who has custody of, or
access to, a document mentioned in paragraph (a) to give the document to the
inspector; or
(c) require a person at the workplace to attend before the
inspector at a stated reasonable time and place to answer questions put by the
inspector.
(2) A requirement under subsection (1) (b) must be made by written
notice unless the circumstances require the inspector to have immediate access
to the document.
(3) An interview conducted by an inspector under subsection
(1) (c) must be conducted in private if— (a) the inspector considers it
appropriate; or
(b) the person being interviewed so requests.
(4) Subsection
(3) does not limit the operation of section 166 or prevent a representative of
the person being interviewed from being present at the interview.
(5)
Subsection (3) may be invoked during an interview by— (a) the inspector; or
(b) the person being interviewed;
in which case the subsection applies to the
remainder of the interview.
(6) A person must not, without reasonable excuse,
refuse or fail to comply with a requirement under this section. Penalty—
Maximum penalty—100 penalty units.
Note— See sections 172 and 173 in relation to self-incrimination and
section 269 in relation to legal professional privilege.
(7) Subsection (6)
places an evidential burden on the accused to show a reasonable excuse.
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