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WORK HEALTH AND SAFETY ACT 2011 - SECT 39
Duty to preserve incident sites
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. Penalty— Maximum penalty—100 penalty units.
(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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