QLDIn ForceAct
Electrical Safety Act 2002
sec.138BGeneral powers on entry
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### sec.138B General powers on entry
An inspector who enters a place under section 138 may do any of the following—
search and make inquiries at the place;
inspect and examine anything, including a document, at the place;
copy a document at the place;
bring to the place and use any equipment or materials that may be required;
take measurements, conduct tests and make sketches or recordings, including photographs, films, audio, video, digital or other recordings;
take and remove for analysis, testing or examination, a substance or thing or a sample of any substance or thing without paying for it;
make inquiries or conduct surveys and tests to assess—
the degree of electrical risk to persons or property existing at the place; or
standards of electrical safety existing at the place;
inquire into the circumstances and probable causes of any serious electrical incident or dangerous electrical event at the place;
require a person at the place to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (h) ;
exercise any compliance power or other power that is reasonably necessary to be exercised by the inspector for this Act.
A person required to give reasonable help under subsection (1) (i) must not, without reasonable excuse, refuse or fail to comply with the requirement.
Maximum penalty—100 penalty units.
Subsection (2) places an evidential burden on the defendant to show a reasonable excuse.
s 138B ins 2011 No. 18 s 379
(sec.138B-ssec.1) An inspector who enters a place under section 138 may do any of the following— search and make inquiries at the place; inspect and examine anything, including a document, at the place; copy a document at the place; bring to the place and use any equipment or materials that may be required; take measurements, conduct tests and make sketches or recordings, including photographs, films, audio, video, digital or other recordings; take and remove for analysis, testing or examination, a substance or thing or a sample of any substance or thing without paying for it; make inquiries or conduct surveys and tests to assess— the degree of electrical risk to persons or property existing at the place; or standards of electrical safety existing at the place; inquire into the circumstances and probable causes of any serious electrical incident or dangerous electrical event at the place; require a person at the place to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (h) ; exercise any compliance power or other power that is reasonably necessary to be exercised by the inspector for this Act.
(sec.138B-ssec.2) A person required to give reasonable help under subsection (1) (i) must not, without reasonable excuse, refuse or fail to comply with the requirement. Maximum penalty—100 penalty units.
(sec.138B-ssec.3) Subsection (2) places an evidential burden on the defendant to show a reasonable excuse.
- (a) search and make inquiries at the place;
- (b) inspect and examine anything, including a document, at the place;
- (c) copy a document at the place;
- (d) bring to the place and use any equipment or materials that may be required;
- (e) take measurements, conduct tests and make sketches or recordings, including photographs, films, audio, video, digital or other recordings;
- (f) take and remove for analysis, testing or examination, a substance or thing or a sample of any substance or thing without paying for it;
- (g) make inquiries or conduct surveys and tests to assess— (i) the degree of electrical risk to persons or property existing at the place; or (ii) standards of electrical safety existing at the place;
- (i) the degree of electrical risk to persons or property existing at the place; or
- (ii) standards of electrical safety existing at the place;
- (h) inquire into the circumstances and probable causes of any serious electrical incident or dangerous electrical event at the place;
- (i) require a person at the place to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (h) ;
- (j) exercise any compliance power or other power that is reasonably necessary to be exercised by the inspector for this Act.
- (i) the degree of electrical risk to persons or property existing at the place; or
- (ii) standards of electrical safety existing at the place;