Part 4 Inspections
46 Simplified outline
(1) This clause sets out a simplified outline of this Part.
(2) An OHS inspector may conduct an inspection:
(a) to ascertain whether a listed OHS law is being complied with;
happened at or near a facility.
(3) An OHS inspector may issue a prohibition notice to the operator of
a facility in order to remove an immediate threat to the health and
safety of any person.
Petroleum (Submerged Lands) Act 1981 203
(4) An OHS inspector may issue an improvement notice specifying
action that is to be taken to prevent contravention of a listed OHS
law.
(5) An OHS inspector must prepare a report about an inspection and
give the report to the Safety Authority.
47 Powers, functions and duties of OHS inspectors
(1) An OHS inspector has the powers, functions and duties conferred
or imposed by the listed OHS laws.
(2) The Safety Authority may give written directions specifying the
manner in which, and the conditions subject to which, powers
conferred on OHS inspectors by a listed OHS law must be
exercised.
(3) If it does so, the powers of OHS inspectors must be exercised in
accordance with the directions.
(4) The Safety Authority may, by notice in writing, impose restrictions,
not inconsistent with any direction in force under subclause (2), on
the powers that are conferred on a particular OHS inspector by a
listed OHS law.
(5) If it does so, the powers of the OHS inspector are taken to have
been restricted accordingly.
Division 2 Inspections
48 Inspections
(1) An OHS inspector may, at any time, conduct an inspection:
(a) to ascertain whether the requirements of, or any requirements
properly made under, a listed OHS law are being complied
with;
happened at a facility.
(2) The Safety Authority may direct an OHS inspector to conduct an
inspection:
(a) to ascertain whether the requirements of, or any requirements
properly made under, a listed OHS law are being complied
with;
Petroleum (Submerged Lands) Act 1981 204
happened at a facility.
(3) The OHS inspector must, unless the Safety Authority revokes the
direction, conduct an inspection accordingly.
Division 3 Powers of OHS Inspectors in relation to conduct of
inspections
Subdivision 1 General powers of entry and search
49 Powers of entry and search – facilities
(1) An OHS inspector may, for the purposes of an inspection, at any
reasonable time during the day or night:
(a) enter the facility to which the inspection relates and do all or
any of the following:
(i) search the facility;
(ii) inspect, examine, take measurements of, or conduct
tests concerning, any workplace at the facility or any
plant, substance or thing at the facility;
(iii) take photographs of, make video recordings of, or make
sketches of, any workplace at the facility or any plant,
substance or thing at the facility;
(iv) inspect, take extracts from, or make copies of, any
documents at the facility that the OHS inspector has
reasonable grounds to believe relate, or are likely to
relate, to the subject matter of the inspection; and
(b) inspect the seabed and subsoil in the vicinity of the facility to
which the inspection relates.
(2) Immediately on entering a facility for the purposes of an inspection,
an OHS inspector must take reasonable steps to notify the purpose
of entering the facility to:
(a) the operator's representative at the facility; and
(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,
Petroleum (Submerged Lands) Act 1981 205
and must, on being requested to do so by the person mentioned in
paragraph (a) or (b), produce for inspection by that person:
(c) the OHS inspector's identity card;
(d) a copy of the Safety Authority's written direction (if any) to
conduct the inspection; and
(e) a copy of the restrictions (if any) imposed on the powers of the
OHS inspector under clause 47(4).
(3) 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, the OHS inspector must afford the health
and safety representative a reasonable opportunity to consult on
the matter the subject of the inspection.
50 Powers of entry and search – regulated business premises
(other than facilities)
(1) An OHS inspector may, for the purposes of an inspection:
(a) at any reasonable time, enter any regulated business
premises (other than a facility) if the OHS inspector has
reasonable grounds to believe 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) Immediately on entering premises mentioned in subclause (1), an
OHS inspector must take reasonable steps to notify the purpose of
the entry to the occupier of those premises, and must, on being
requested to do so by the occupier, produce for inspection by the
occupier:
(a) the OHS inspector's identity card;
(b) a copy of the Safety Authority's written direction (if any) to
conduct the inspection; and
(c) a copy of the restrictions (if any) imposed on the powers of the
OHS inspector under clause 47(4).
Petroleum (Submerged Lands) Act 1981 206
51 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 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 mentioned in
subclause (1) to enter premises only:
(a) if the premises are not a residence:
(i) in accordance with a warrant under clause 52; 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 mentioned in subclause (1), an
OHS inspector must:
(a) take reasonable steps to notify the purpose of the entry to the
occupier of those premises;
(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 clause 47(4).
(4) If:
(a) an OHS inspector enters premises in accordance with a
warrant under clause 52; and
(b) the occupier of the premises is present at the premises,
Petroleum (Submerged Lands) Act 1981 207
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
subclause (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 subclause (2) unless the
consent is voluntary.
52 Warrant to enter premises (other than regulated business
premises)
(1) An OHS inspector may apply to a Local Court Judge for a warrant
authorising the OHS inspector, with any assistance as the OHS
inspector thinks necessary, to exercise the powers mentioned in
clause 51(1) in relation to particular premises (other than a
residence).
(2) The application must be supported by evidence on oath (whether
oral or by affidavit) that specifies the grounds on which the OHS
inspector is applying for the warrant.
(3) If the Local Court Judge is satisfied there are reasonable grounds
for issuing the warrant, the Local Court Judge may issue the
warrant.
(4) A warrant issued under subclause (3) must state:
(a) the name of the OHS inspector;
(b) whether the inspection may be carried out at any time or only
during specified hours of the day;
(c) the day on which the warrant ceases to have effect; and
(d) the purposes for which the warrant is issued.
(5) The day specified under subclause (4)(c) must not be more than
30 days after the day on which the warrant is issued.
(6) The purposes specified under subclause (4)(d) must include the
identification of the premises in relation to which the warrant is
issued.
Petroleum (Submerged Lands) Act 1981 208
53 Obstructing or hindering OHS inspector
A person must not, without reasonable excuse, obstruct or hinder
an OHS inspector in the exercise of an OHS inspector's powers
under clause 49, 50 or 51.
Subdivision 2 Other powers
54 Power to require assistance and information
(1) An OHS 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;
(b) the person in charge of operations at a workplace in relation to
a facility;
(c) a member of the workforce at a facility; or
(d) any person representing a person mentioned in paragraph (a)
or (b),
to provide the OHS 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
(f) for the effective exercise of the OHS inspector's powers under
this Schedule in connection with the conduct of the inspection
at or near the facility.
(2) The reasonable assistance mentioned in subclause (1) includes, so
far as the operator of the facility is concerned:
(a) appropriate transport to or from the facility for the OHS
inspector and for any equipment required by the OHS
inspector, and any article of which the OHS inspector has
taken possession; and
(b) reasonable accommodation and means of subsistence while
the OHS inspector is at the facility.
Petroleum (Submerged Lands) Act 1981 209
(3) A person must not fail, without reasonable excuse, to comply with a
requirement under this clause.
55 Power to require answering of questions and production of
documents or articles
(a) an OHS inspector believes on reasonable grounds 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;
(ii) the person in charge of operations at a workplace in
relation to a facility;
(iii) a member of the workforce at a facility; or
(iv) representing a person mentioned in subparagraph (i)
or (ii),
the OHS inspector may, to the extent 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 OHS 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;
(b) specifies the day on or before which the question is to be
answered (being at least 14 days after the day on which the
requirement is imposed); and
(c) is accompanied by a statement to the effect that a failure to
comply with the requirement is an offence.
Petroleum (Submerged Lands) Act 1981 210
(a) an OHS inspector believes on reasonable grounds 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;
(ii) the person in charge of operations at a workplace in
relation to a facility;
(iii) a member of the workforce at a facility; or
(iv) representing a person mentioned in subparagraph (i)
or (ii),
the OHS inspector may, to the extent it is reasonably necessary to
do so in connection with the conduct of the inspection, require the
person to produce the document or article.
(4) If, at the time when a requirement under subclause (3) 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;
(b) specifies the day on or before which the document or article is
to be produced (being at least 14 days after the day on which
the requirement is imposed); and
(c) is accompanied by a statement to the effect that a failure to
comply with the requirement is an offence.
(5) A person must not:
(a) fail, without reasonable excuse, to comply with a requirement
under this clause; or
Petroleum (Submerged Lands) Act 1981 211
(b) in purported compliance with a requirement under this clause,
give information that is false or misleading in a material
particular.
30 penalty units or imprisonment for
150 penalty units.
56 Privilege against self-incrimination
(1) A person is not excused from answering a question or producing a
document or article when required to do so under clause 55 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.
(2) However:
(a) the answer given or document or article produced;
(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,
is not admissible in evidence against the person in any civil
proceeding or any criminal proceeding other than a proceeding for
an offence against clause 55.