50

50 OHS inspections—facilities

46 Subclause 50(1) of Schedule 3

Omit “An OHS inspector may, for the purposes of an inspection,”, substitute “A NOPSEMA inspector may, for the purposes of an OHS inspection,”.

47 Subparagraphs 50(1)(a)(ii) and (iii) of Schedule 3

Repeal the subparagraphs, substitute:

(ii) inspect, examine or measure, or conduct tests concerning, the facility (including any workplace at the facility and any plant, substance or thing at the facility);
(iii) take photographs of, make video recordings of, or make sketches of, the facility (including any workplace at the facility and any plant, substance or thing at the facility);

48 Subparagraph 50(1)(a)(iv) of Schedule 3

Omit “OHS inspector has reasonable grounds to believe”, substitute “inspector is satisfied on reasonable grounds”.

49 Subclause 50(2) of Schedule 3

Repeal the subclause, substitute:

Notification of entry (2) Immediately on entering a facility for the purposes of an OHS inspection, a NOPSEMA inspector must take reasonable steps to notify the purpose of the entry to each of the following (an occupier): (a) the operator’s representative at the facility; (b) if there is a health and safety representative for a designated work group having a group member likely to be affected by the matter the subject of the inspection—that representative; (c) a titleholder’s representative (if any) at the facility who is nominated for the inspection.

Note: A titleholder’s representative is only required to be at the facility if the inspection concerns the titleholder’s well‑related obligations (see section 602K).

(2A) The inspector must, on being requested to do so by an occupier, produce for inspection by the occupier: (a) the inspector’s identity card; and (b) a copy of NOPSEMA’s written direction (if any) to conduct the inspection; and (c) a copy of any directions issued by NOPSEMA under section 602A in relation to the exercise of the inspector’s powers.

50 Subclause 50(3) of Schedule 3

Omit “OHS”.

51 Clause 51 of Schedule 3 (heading)

Repeal the heading, substitute: