AustLII Tasmanian Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2012 - SECT 165

General powers on entry

(1)  An inspector who enters a workplace under section 163 may do all or any of the following:
(a) inspect, examine and make inquiries at the workplace;
(b) inspect and examine any thing (including a document) at the workplace;
(c) bring to the workplace and use any equipment or materials that may be required;
(d) take measurements, conduct tests and make sketches or recordings (including photographs, films, audio, video, digital or other recordings);
(e) take and remove for analysis a sample of any substance or thing without paying for it;
(f) require a person at the workplace to give the inspector reasonable help to exercise the inspector's powers under paragraphs (a) to (e) ;
(g) exercise any compliance power or other power that is reasonably necessary to be exercised by the inspector for the purposes of this Act.
(2)  A person required to give reasonable help under subsection (1)(f) must not, without reasonable excuse, refuse or fail to comply with the requirement.
Penalty:  In the case of –
(a) an individual, a fine not exceeding $10 000; or
(b) a body corporate, a fine not exceeding $50 000.
(3)  Subsection (2) places an evidential burden on the accused to show a reasonable excuse.



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