Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_74:p5
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 74 (pt 5/5)
Character Range: 2292995–2295149

work by an employer (other than the operator) of a member or members of the workforce at the facility—that employer; and
 (f) if the thing is owned by a person other than a person mentioned in paragraph (a), (b), (c), (d) or (e)—that person; and
 (g) if there is a health and safety representative for a designated work group that includes a member of the workforce who is affected by the matter to which the inspection relates—that representative;
of the taking of possession, and the reasons for it.
Note: A titleholder's representative is only required to be at the facility if the inspection concerns the titleholder's well‑related obligations (see section 602K).

Display of notice at facility
 (17) If the NOPSEMA inspector gives the notice to the operator of the facility to which the inspection relates, the operator's representative at the facility must cause the notice to be displayed in a prominent place at the workplace from which the thing was removed.

Notice—taking possession otherwise than at facility
 (18) On taking possession of a thing under subclause (15) otherwise than at a facility, the NOPSEMA inspector must, by written notice, inform the owner of the thing of the taking of possession, and the reasons for it.

Inspection of thing
 (19) If:
 (a) a NOPSEMA inspector has taken possession of a thing (other than a document) produced under this clause; and
 (b) it is reasonably necessary for the NOPSEMA inspector to retain the thing;
the NOPSEMA inspector must provide:
 (c) the person who produced the thing; and
 (d) the person who owns the thing; and
 (e) a person authorised by a person covered by paragraph (c) or (d);
reasonable access to the thing for the purposes of inspecting the thing.

Return of thing
 (20) If:
 (a) a NOPSEMA inspector has taken possession of a thing (other than a document) produced under this clause; and
 (b) it is no longer reasonably necessary for the NOPSEMA inspector to retain the thing;
the NOPSEMA inspector must return the thing to:
 (c) the person who produced the thing; or
 (d) the person who owns the thing; or
 (e) a person authorised by a person covered by paragraph (c) or (d).