Federal Safety Commissioner Act 2022
74Powers of Federal Safety Officers while on premises
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74 Powers of Federal Safety Officers while on premises
Entry other than under subparagraph 72(2)(b)(ii) (1) A Federal Safety Officer who enters premises under paragraph 72(2)(a) or subparagraph 72(2)(b)(i) may exercise one or more of the following powers while on the premises: (a) inspect any work, process or object; (b) interview any person; (c) require a person to tell the Federal Safety Officer who has custody of, or access to, a record or document; (d) require a person who has custody of, or access to, a record or document to produce the record or document to the Federal Safety Officer either while the Federal Safety Officer is on the premises, or within a specified period; (e) inspect, and make copies of, any record or document that: (i) is on the premises; or (ii) is accessible from a computer that is on the premises; (f) take samples of any goods or substances in accordance with any procedures prescribed by the rules.
Note: See also sections 79 (power to keep records or documents), 102 (self‑incrimination) and 104 (certain records and documents are inadmissible).
Entry under subparagraph 72(2)(b)(ii) (2) A Federal Safety Officer who enters premises under subparagraph 72(2)(b)(ii) may interview the person concerned while on those premises. Refusing or failing to participate in an interview (3) A refusal or failure by a person to participate in an interview under this section is not to be treated as conduct covered by section 149.1 of the Criminal Code.