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Work Health and Safety Act 2011
177Powers supporting seizure
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177 Powers supporting seizure
(1) Having seized a thing, an inspector may—
(a) move the thing from the place where it was seized (the place of
seizure); or
(b) leave the thing at the place of seizure but take reasonable action
to restrict access to it; or
(c) if the thing is plant or a structure—dismantle or cause to be
dismantled the plant or structure.
Examples—par (b)
1 sealing a thing and marking it to show access to it is restricted
2 sealing the entrance to a room where a thing is situated and marking it to show
access to it is restricted
(2) If an inspector restricts access to a seized thing, a person must not
tamper, or attempt to tamper, with the thing or something restricting
access to the thing without an inspector’s approval.
(3) To enable a thing to be seized, an inspector may require the person in
control of it—
(a) to take it to a stated reasonable place by a stated reasonable time;
and
(b) if necessary, to remain in control of it at the stated place for a
reasonable time.
(4) The requirement—
(a) must be made by written notice; or
(b) if for any reason it is not practicable to give the notice, may be
made orally and confirmed by written notice as soon as
(5) A further requirement may be made under this section in relation to
the same thing if it is necessary and reasonable to make the further
requirement.
(6) The person must not, without reasonable excuse, refuse or fail to
comply with a requirement under subsection (3) or (5).
(7) Subsection (6) places an evidential burden on the accused to show a