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Work Health and Safety (National Uniform Legislation) Act 2011
155Powers of regulator to obtain information
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155 Powers of regulator to obtain information
(1) This section applies if the regulator has reasonable grounds to
believe that a person is capable of giving information, providing
documents or giving evidence in relation to a possible contravention
of this Act or that will assist the regulator to monitor or enforce
compliance with this Act.
Work Health and Safety (National Uniform Legislation) Act 2011 88
(2) The regulator may, by written notice served on the person, require
the person to do one or more of the following:
(a) to give the regulator, in writing signed by the person (or in the
case of a body corporate, by a competent officer of the body
corporate) and within the time and in the manner specified in
the notice, that information of which the person has
knowledge;
(b) to produce to the regulator, in accordance with the notice,
those documents;
(c) to appear before a person appointed by the regulator on a
day, and at a time and place, specified in the notice (being a
day, time and place that are reasonable in the circumstances)
and give either orally or in writing that evidence and produce
those documents.
(3) The notice must:
(a) state that the requirement is made under this section; and
(b) contain a statement to the effect that a failure to comply with a
requirement is an offence; and
(c) if the notice requires the person to provide information or
documents or answer questions:
(i) contain a statement about the effect of sections 172 and
269; and
(ii) state that the person may attend with a legal practitioner.
(4) The regulator must not make a requirement under subsection (2)(c)
unless the regulator has taken all reasonable steps to obtain the
information under subsections (2)(a) and (b) and has been unable
to do so.
(5) A person must not, without reasonable excuse, refuse or fail to
comply with a requirement under this section.
Work Health and Safety (National Uniform Legislation) Act 2011 89
(6) Subsection (5) places an evidential burden on the accused to show
(7) Section 172 (with any necessary changes) applies to a requirement