Subdivision 1 deals with general powers of entry and search.
(3) This Subdivision does not limit clause 82.
Clause 82 deals with the power to take possession of plant, take samples of substances etc.
Subdivision 3—Other powers
79 Power to require assistance
Sch. 3 cl. 79(1) amended by No. 26/2021 s. 42(85)(a)(b).
(1) A NOPSEMA inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of an inspection, require—
(a) the operator of a facility; or
(b) the person in charge of operations at a workplace in relation to a facility; or
(c) a member of the workforce at a facility; or
(d) any person representing a person referred to in paragraph (a) or (b)—
to provide the NOPSEMA inspector with reasonable assistance and facilities—
(e) that is or are reasonably connected with the conduct of the inspection at or near the facility; or
Sch. 3 cl. 79(1)(f) amended by No. 26/2021 s. 42(85)(c).
(f) for the effective exercise of the NOPSEMA inspector's powers under this Schedule in connection with the conduct of the inspection at or near the facility.
(2) The reasonable assistance referred to in subclause (1) includes, so far as the operator of the facility is concerned—
Sch. 3 cl. 79(2)(a) amended by No. 26/2021 s. 42(86).
(a) appropriate transport to or from the facility for the NOPSEMA inspector and for any equipment required by the NOPSEMA inspector, or any article of which the NOPSEMA inspector has taken possession; and
Sch. 3 cl. 79(2)(b) amended by No. 26/2021 s. 42(86).
(b) reasonable accommodation and means of subsistence while the NOPSEMA inspector is at the facility.
(3) A person who is subject to a requirement under this clause must comply with that requirement.
(4) Subclause (3) does not apply if the person has a reasonable excuse.
80 Power to require the answering of questions and the production of documents or articles
Sch. 3 cl. 80(1) amended by No. 26/2021 s. 42(87)(b).
Sch. 3 cl. 80(1)(a) amended by No. 26/2021 s. 42(87)(a).
(a) a NOPSEMA inspector believes on reasonable grounds that a person is capable of answering a question that is reasonably connected with the conduct of an inspection; and
(b) the person is—
(i) the operator of a facility; or
(ii) the person in charge of operations at a workplace in relation to a facility; or
(iii) a member of the workforce at a facility; or
(iv) any person representing a person referred to in subparagraph (i) or (ii)—
the NOPSEMA inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of the inspection, require the person to answer the question put by the NOPSEMA inspector.
(2) If, at the time when a requirement under subclause (1) is imposed on a person, the person is not physically present on regulated business premises, the person is not obliged to comply with the requirement unless the requirement—
(a) is in writing; and
(b) specifies the day on or before which the question is to be answered; and
(c) is accompanied by a statement to the effect that a failure to comply with the requirement is an offence.
(3) The day specified under subclause (2)(b) must be at least 14 days after the day on which the requirement is imposed.
Sch. 3 cl. 80(4) amended by No. 26/2021 s. 42(88)(b).
Sch. 3 cl. 80(4)(a) amended by No. 26/2021 s. 42(88)(a).
(a) a NOPSEMA inspector believes on reasonable grounds that a person is capable of producing a document or article that is reasonably connected with the conduct of an inspection; and
(b) the person is—
(i) the operator of a facility; or
(ii) the person in charge of operations at a workplace in relation to a facility; or
(iii) a member of the workforce at a facility; or
(iv) any person representing a person referred to in subparagraph (i) or (ii)—
the NOPSEMA inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of the inspection, require the person to produce the document or article.
(5) If, at the time when a requirement under subclause (4) is imposed on a person, the person is not physically present on regulated business premises, the person is not obliged to comply with the requirement unless the requirement—
(a) is in writing; and
(b) specifies the day on or before which the document or article is to be produced; and
(c) is accompanied by a statement to the effect that a failure to comply with the requirement is an offence.
(6) The day specified under subclause (5)(b) must be at least 14 days after the day on which the requirement is imposed.
(7) A person who is subject to a requirement under this clause must comply with the requirement.
(8) Subclause (7) does not apply if the person has a reasonable excuse.
(9) A person must not, in compliance or purported compliance with a requirement under this clause, give information to another person knowing that the information is false or misleading in a material particular.
81 Privilege against self-incrimination abrogated
(1) A person is not excused from answering a question or producing a document or article when required to do so under clause 80(1) or (4) on the ground that the answer to the question, or the production of the document or article, may tend to incriminate the person or make the person liable to a penalty.
(a) the answer given or document or article produced; or
(b) answering the question or producing the document or article; or
(c) any information, document or thing obtained as a direct or indirect consequence of the answering of the question or the production of the document or article—
(e) in any criminal proceedings other than proceedings for an offence against this clause.
82 Power to take possession of plant, take samples of substances etc.
Sch. 3 cl. 82(1) amended by No. 26/2021 s. 42(89).
(1) In conducting an inspection, a NOPSEMA inspector may, to the extent that it is reasonably necessary for the purposes of inspecting, examining, taking measurements of, or conducting tests concerning, any plant, substance or thing at a facility in connection with the inspection—
(a) take possession of the plant, substance or thing and remove it from the facility; or
(b) take a sample of the substance or thing and remove that sample from the facility.
Sch. 3 cl. 82(2) amended by No. 26/2021 s. 42(90).
(2) On taking possession of plant, a substance or a thing, or taking a sample of a substance or thing, the NOPSEMA inspector must, by written notice, inform—
(a) the operator of the facility; and
(b) if the plant, substance or thing is used for the performance of work by an employer (other than the operator) of a member or members of the workforce at the facility—that employer; and
(c) if the plant, substance or thing is owned by a person other than a person mentioned in paragraph (a) or (b)—that person; and
(d) if there is a health and safety representative for a designated work group that includes a member of the workforce who is affected by the matter to which the inspection relates—that representative—
of the taking of possession or the taking of the sample, and the reasons for it.
Sch. 3 cl. 82(3) amended by No. 26/2021 s. 42(90).
(3) If the NOPSEMA inspector gives the notice to the operator of the facility to which the inspection relates, the operator's representative at the facility must cause the notice to be displayed in a prominent place at the workplace from which the plant, substance or thing was removed.
Sch. 3 cl. 82(4) amended by No. 26/2021 s. 42(90).
(4) If the NOPSEMA inspector takes possession of plant, a substance or a thing at a workplace for the purpose of inspecting, examining, taking measurements of, or conducting tests concerning, the plant, substance or thing, the NOPSEMA inspector must—
(a) ensure that the inspection, examination, measuring or testing is conducted as soon as practicable; and
(b) return it to the workplace as soon as practicable afterwards.
Sch. 3 cl. 82(5) amended by No. 26/2021 s. 42(90).
(5) As soon as practicable after completing any such inspection, examination, measurement or testing, the NOPSEMA inspector must give a written statement setting out the results to each person whom the NOPSEMA inspector is required to notify under subclause (2).
83 Power to direct that workplace etc. not be disturbed
Sch. 3 cl. 83(1) amended by No. 26/2021 s. 42(91).
(1) If, in conducting an inspection, a NOPSEMA inspector has reasonable grounds to believe that it is reasonably necessary to give a direction in order to—
(a) remove an immediate threat to the health or safety of any person; or
(b) allow the inspection, examination or taking of measurements of, or conducting of tests concerning, a facility or any plant, substance or thing at the facility—
the NOPSEMA inspector may, by written notice given to the operator's representative at the facility, direct that the operator must ensure that—
(c) a particular workplace; or
(d) particular plant, or a particular substance or thing—
not be disturbed for a period specified in the direction.
Sch. 3 cl. 83(2) amended by No. 26/2021 s. 42(92).
(2) The period specified in the direction must be a period that the NOPSEMA inspector has reasonable grounds to believe is necessary in order to remove the threat or to allow the inspection, examination, measuring or testing to take place.
(3) The direction may be renewed by another direction in the same terms.
Sch. 3 cl. 83(4) amended by No. 26/2021 s. 42(93).
(4) If a NOPSEMA inspector gives a notice to the operator's representative under subclause (1), the operator's representative must cause the notice to be displayed in a prominent place at the workplace—
(a) that is to be left undisturbed; or
(b) where the plant, substance or thing that is to be left undisturbed is located.
Sch. 3 cl. 83(5) amended by No. 26/2021 s. 42(94).
(5) As soon as practicable after giving the direction, the NOPSEMA inspector must take reasonable steps to notify—
(a) if the workplace, plant, substance or thing to which the direction relates is owned by a person other than the operator of the facility—that person; and
(b) if there is a health and safety representative for a designated work group that includes a group member performing work—
(i) at a workplace; or
(ii) involving the plant, substance or thing—
to which the direction relates—that representative—
of the direction and the reasons for giving it.
(6) A person who is subject to a direction under subclause (1) must not without reasonable excuse contravene the direction.
(7) A direction under subclause (1) must be accompanied by a statement setting out the reasons for the direction.
84 Power to issue prohibition notices
Sch. 3 cl. 84(1) amended by No. 26/2021 s. 42(95).
(1) If, having conducted an inspection, a NOPSEMA inspector is satisfied on reasonable grounds that it is reasonably necessary to issue a prohibition notice to the operator of a facility in order to remove an immediate threat to the health or safety of any person, the NOPSEMA inspector may issue such a notice, in writing, to the operator.
(2) The notice must be issued to the operator by giving it to the operator's representative at the facility.