Section 2 - Work Health and Safety Act 2012 - Sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted.

2 Sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted. (c) if the thing is plant or a structure—dismantle or cause to be dismantled the plant or structure. (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 practicable. (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 reasonable excuse. 178—Receipt for seized things (1) As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized. (2) However, if for any reason it is not practicable to comply with subsection (1), the inspector must leave the receipt in a conspicuous position and in a reasonably secure way at the place of seizure. (3) The receipt must describe generally each thing seized and its condition. (4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt required by this section (given the thing's nature, condition and value). 179—Forfeiture of seized things (1) A seized thing is forfeited to the State if the regulator— (a) cannot find the person entitled to the thing after making reasonable inquiries; or (b) cannot return it to the person entitled to it, after making reasonable efforts; or (c) reasonably believes it is necessary to forfeit the thing to prevent it being used to commit an offence against this Act. (2) Subsection (1)(a) does not require the regulator to make inquiries if it would be unreasonable to make inquiries to find the person entitled to the thing. (3) Subsection (1)(b) does not require the regulator to make efforts if it would be unreasonable to make efforts to return the thing to the person entitled to it. (4) If the regulator decides to forfeit the thing under subsection (1)(c), the regulator must tell the person entitled to the thing of the decision by written notice. (5) Subsection (4) does not apply if— (a) the regulator cannot find the person entitled to the thing, after making reasonable inquiries; or (b) it is impracticable or would be unreasonable to give the notice. (6) The notice must state— (a) the reasons for the decision; and (b) that the person entitled to the thing may apply within 28 days after the date of the notice for the decision to be reviewed; and (c) how the person may apply for the review; and (d) that the person may apply for a stay of the decision if the person applies for a review. (7) In deciding whether and, if so, what inquiries and efforts are reasonable or whether it would be unreasonable to give notice about a thing, regard must be had to the thing's nature, condition and value. (8) Any costs reasonably incurred by the State in storing or disposing of a thing forfeited under subsection (1)(c) may be recovered in a court of competent jurisdiction as a debt due to the State from that person. (9) In this section— person entitled to a thing means the person from whom it was seized unless that person is not entitled to possess it in which case it means the owner of the thing. 180—Return of seized things (1) If a seized thing has not been forfeited, the person entitled to the thing may apply to the regulator for the return of the thing after the end of 6 months after it was seized. (2) The regulator must return the thing to the applicant under subsection (1) unless the regulator has reasonable grounds to retain the thing. (3) The regulator may impose any conditions on the return of the thing under this section that the regulator considers appropriate to eliminate or minimise any risk to work health or safety related to the thing. person entitled to a thing means the person entitled to possess the thing or the owner of the thing. 181—Access to seized things (1) Until a seized thing is forfeited or returned, the regulator must permit the following persons to inspect it and, if it is a document, to make copies of it at all reasonable times: (a) the person from whom the thing was seized; (b) the owner of the thing; (c) a person authorised by a person referred to in paragraph (a) or (b). (2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow inspection or copying. Division 4—Damage and compensation 182—Damage etc to be minimised In the exercise, or purported exercise, of a compliance power, an inspector must take all reasonable steps to ensure that the inspector, and any assistant to the inspector, cause as little inconvenience, detriment and damage as is practicable. 183—Inspector to give notice of damage (1) This section applies if an inspector or an assistant to an inspector damages a thing when exercising or purporting to exercise a compliance power. (2) The inspector must, as soon as practicable, give written notice of the damage to the person who the inspector believes on reasonable grounds, is the person in control of the thing. (3) If the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the inspector's or assistant's control, the inspector may state it in the notice. (4) If, for any reason, it is impracticable to comply with subsection (2), the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. (5) This section does not apply to damage the inspector reasonably believes is trivial. 184—Compensation (1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under Division 3 of this Part. (2) Compensation may be claimed and ordered in a proceeding— (a) brought in a court of competent jurisdiction; or (b) for an offence against this Act brought against the person claiming compensation. (3) The court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. (4) The regulations may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order. Division 5—Other matters 185—Power to require name and address (1) An inspector may require a person to provide the person's name and residential address if— (a) the inspector finds the person committing an offence against this Act; or (b) the inspector finds the person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has committed an offence against this Act; or (c) the inspector reasonably believes that the person may be able to assist in the investigation of an offence against this Act. (2) When asking a person to provide his or her name and residential address, the inspector must— (a) tell the person the reason for the requirement to provide his or her name and residential address; and (b) warn the person that it is an offence to fail to state that name and residential address, unless the person has a reasonable excuse. (3) If the inspector reasonably believes that the name or residential address is false, the inspector may require the person to give evidence of its correctness. (4) A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1) or (3). (5) Subsection (4) places an evidential burden on the accused to show a reasonable excuse. 186—Inspector may take affidavits An inspector is authorised to take affidavits for any purpose relating or incidental to the exercise of his or her compliance powers. 187—Attendance of inspector at inquiries A work health and safety law of another jurisdiction may include a provision about the participation of inspectors appointed under a law of that jurisdiction in inquiries. Division 6—Offences in relation to inspectors 188—Offence to hinder or obstruct inspector A person must not intentionally hinder or obstruct an inspector in exercising his or her compliance powers, or induce or attempt to induce any other person to do so. 189—Offence to impersonate inspector A person who is not an inspector must not, in any way, hold himself or herself out to be an inspector. 190—Offence to assault, threaten or intimidate inspector A person must not directly or indirectly assault, threaten or intimidate, or attempt to assault, threaten or intimidate, an inspector or a person assisting an inspector. (a) in the case of an individual—$50 000 or imprisonment for 2 years or both;

2Sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted.

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