South Australian Current Acts

WORK HEALTH AND SAFETY ACT 2012 - SECT 155

155—Powers of regulator to obtain information

        (1)         This section applies if the regulator has reasonable grounds to believe that a person is capable of giving information, providing documents or giving evidence in relation to a possible contravention of this Act or that will assist the regulator to monitor or enforce compliance with this Act.

        (2)         The regulator may, by written notice served on the person, require the person to do one or more of the following:

            (a)         to give the regulator, in writing signed by the person (or in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the manner specified in the notice, that information of which the person has knowledge;

            (b)         to produce to the regulator, in accordance with the notice, those documents;

            (c)         to appear before a person appointed by the regulator on a day, and at a time and place, specified in the notice (being a day, time and place that are reasonable in the circumstances) and give either orally or in writing that evidence and produce those documents.

        (3)         The notice must—

            (a)         state that the requirement is made under this section; and

            (b)         contain a statement to the effect that a failure to comply with a requirement is an offence; and

            (c)         if the notice requires the person to provide information or documents or answer questions—

                  (i)         contain a statement about the effect of sections 172 and 269; and

                  (ii)         state that the person may attend with a legal practitioner.

        (4)         The regulator must not make a requirement under subsection (2)(c) unless the regulator has taken all reasonable steps to obtain the information under subsection (2)(a) and (b) and has been unable to do so.

        (5)         A person must not, without reasonable excuse, refuse or fail to comply with a requirement under this section.

Maximum penalty:

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

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

        (6)         Subsection (5) places an evidential burden on the accused to show a reasonable excuse.

        (7)         Section 172 (with any necessary changes) applies to a requirement under this section.