74OHS inspections—powers to require information, and the production of documents and things

74 OHS inspections—powers to require information, and the production of documents and things

69 Paragraph 74(1)(a) of Schedule 3

Repeal the paragraph, substitute:

(a) a NOPSEMA inspector is satisfied on reasonable grounds that a person is capable of answering a question that is reasonably connected with the conduct of an OHS inspection; and

70 Subparagraph 74(1)(b)(v) of Schedule 3

Repeal the subparagraph, substitute:

(v) in the case of an inspection at a facility—the titleholder’s representative (if any) at the facility who is nominated for the inspection, or anyone engaged in petroleum or greenhouse gas activities at the facility; or
(vi) in the case of an inspection at a place other than a facility—any person representing the titleholder;

71 Subclause 74(1) of Schedule 3

Omit “the OHS inspector” (wherever occurring), substitute “the inspector”.

72 Subclause 74(3) of Schedule 3 (heading)

Repeal the heading, substitute:

Requirement to produce documents or things

73 Paragraph 74(3)(a) of Schedule 3

Repeal the paragraph, substitute:

(a) a NOPSEMA inspector is satisfied on reasonable grounds that a person is capable of producing a document or thing that is reasonably connected with the conduct of an OHS inspection; and

74 Subparagraph 74(3)(b)(v) of Schedule 3

Repeal the subparagraph, substitute:

(v) in the case of an inspection at a facility—the titleholder’s representative (if any) at the facility who is nominated for the inspection, or anyone engaged in petroleum or greenhouse gas activities at the facility; or
(vi) in the case of an inspection at a place other than a facility—any person representing the titleholder;

75 Subclause 74(3) of Schedule 3

Omit “the OHS inspector”, substitute “the inspector”.

76 Subclause 74(3) of Schedule 3

Omit “article” (last occurring), substitute “thing”.

77 Paragraph 74(4)(b) of Schedule 3

Omit “article”, substitute “thing”.

78 Subclause 74(8) of Schedule 3

Omit “article” (wherever occurring), substitute “thing”.

79 Paragraphs 74(9)(a), (b) and (c) of Schedule 3

Omit “article”, substitute “thing”.

80 Subclauses 74(10) and (11) of Schedule 3

Repeal the subclauses, substitute:

Titleholders and their representatives—limitation on requirements (10) Subparagraphs (1)(b)(v) and (vi) and (3)(b)(v) and (vi), which give inspectors certain powers in relation to titleholders and their representatives, do not apply unless the inspection wholly or partly concerns compliance with the titleholder’s well‑related obligations.