31BPowers of entry and search—premises (other than regulated business premises)

#### 31B Powers of entry and search—premises (other than regulated business premises) (1) An OHS inspector may, for the purposes of an inspection: (a) enter any premises (other than regulated business premises) if the OHS inspector has reasonable grounds to believe that there are likely to be at those premises documents that relate to a facility that is, or to facility operations that are, the subject of the inspection; and (b) search for, inspect, take extracts from, or make copies of, any such documents at those premises. (2) An OHS inspector may exercise the powers referred to in subclause (1) to enter premises only: (a) if the premises are not a residence: (i) in accordance with a warrant under clause 31C; or (ii) with the consent of the occupier of the premises; or (b) if the premises are a residence—with the consent of the occupier of the premises. (3) Immediately on entering premises referred to in subclause (1), an OHS inspector must: (a) take reasonable steps to notify the purpose of the entry to the occupier of those premises; and (b) take reasonable steps to produce, for inspection by the occupier, the OHS inspector’s identity card; and (c) on being requested to do so by the occupier, produce, for inspection by the occupier: (i) a copy of the Safety Authority’s written direction (if any) to conduct the inspection; and (ii) a copy of the restrictions (if any) imposed on the powers of the OHS inspector under subclause 29(3). (4) If: (a) an OHS inspector enters premises in accordance with a warrant under clause 31C; and (b) the occupier of the premises is present at the premises; the OHS inspector must make a copy of the warrant available to the occupier. (5) Before obtaining the consent of a person as mentioned in paragraph (2)(a) or (b), an OHS inspector must inform the person that: (a) the person may refuse consent; and (b) the consent may be withdrawn. (6) The consent of a person is not effective for the purposes of subclause (2) unless the consent is voluntary. (7) A person is guilty of an offence if the person obstructs or hinders an OHS inspector in the exercise of an OHS inspector’s powers under this clause. Penalty: 50 penalty units. (8) Subclause (7) does not apply if the person has a reasonable excuse. > Note 1: The defendant bears an evidential burden in relation to the matter in subclause (8)—see section 13.3(3) of the Criminal Code. > Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility). > Note 3: The same conduct may be an offence against subclause (7) of this clause and section 149.1 of the Criminal Code.