22General powers of authorised officers appointed by SafeWork NSW: application of Part 9 of Work Health and Safety Act 2011

#### 22 General powers of authorised officers appointed by SafeWork NSW: application of Part 9 of Work Health and Safety Act 2011 22 General powers of authorised officers appointed by SafeWork NSW: application of Part 9 of [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010) > > (1) An authorised officer appointed by SafeWork NSW has and may exercise the functions of an inspector under Part 9 of the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010) (the WHS Act) for the following purposes— > > > > > (a) for determining whether there has been compliance with or a contravention of this Act and the regulations, > > > > > (b) for obtaining information or records for purposes connected with the administration of this Act and the regulations, > > > > > (c) generally for administering this Act and the regulations. > > > (2) The provisions of Part 9 of the WHS Act apply to and in respect of this Act as if those provisions were part of this Act, subject to the following modifications— > > > > > (a) references in those provisions to an inspector were references to an authorised officer appointed by SafeWork NSW as a Competent Authority under this Act, > > > > > (b) references in those provisions to “this Act” were references to this Act, > > > > > (c) references in those provisions to the regulator were references to SafeWork NSW as a Competent Authority. > > > (3) For the avoidance of doubt, a prosecution of a person for an offence against a provision of Part 9 of the WHS Act (as applying under this section) is to be taken as if the offence were an offence against this Act. > > > (4) The functions that an authorised officer has under Part 9 of the WHS Act are, for the purposes of any provision of this Act, taken to be functions under this Act. > > > (5) If an authorised officer has functions in relation to a matter under both Part 9 of the WHS Act (as applying under this section) and under any other provision of this Act, the fact that there is a restriction on the exercise of a function under this Act does not of itself operate to restrict the exercise by an authorised officer of any similar or the same function under Part 9 of the WHS Act. > > **s 22:** Subst 2011 No 67, Sch 4.7. Am 2015 No 19, Sch 15.1 \[2\].