Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_228
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 228
Character Range: 716678–718673

228  Hindering, obstruction etc. in relation to this Part

 (1) A permit holder exercising, or seeking to exercise, rights:
 (a) under section 208, 209 or 221; or
 (b) under an OHS law in accordance with section 217 or 218;
must not intentionally hinder or obstruct any person, or otherwise act in an improper manner.

 (2) Subsection (1) is a civil remedy provision.

Note: See Division 8 for enforcement.

 (3) A person must not refuse or unduly delay entry to premises by a permit holder who is entitled to enter the premises:
 (a) under section 208, subsection 209(8) or (10) or section 221; or
 (b) under an OHS law in accordance with section 217.

 (4) Subsection (3) is a civil remedy provision.

Note: See Division 8 for enforcement.

 (5) An employer must not refuse or fail to comply with a requirement under subsection 209(4) or (5).

 (6) Subsection (5) is a civil remedy provision.

Note: See Division 8 for enforcement.

 (7) A person must not otherwise intentionally hinder or obstruct a permit holder exercising rights:
 (a) under section 208, 209 or 221; or
 (b) under an OHS law in accordance with section 217 or 218.

 (8) Subsection (7) is a civil remedy provision.

Note: See Division 8 for enforcement.

 (9) To avoid doubt, a failure to agree on a place as mentioned in paragraph 209(5)(a) does not constitute hindering or obstructing a permit holder exercising rights under section 209.

 (10) Without limiting subsection (7), that subsection:
 (a) extends to hindering or obstructing that occurs after the entry notice is given but before the permit holder enters the premises; and
 (b) applies whether or not the person who is hindering or obstructing knows at the time which permit holder will be exercising the rights in respect of the entry notice.

Note: For example, if an entry notice is given to the occupier and a person then destroys, conceals or manufactures evidence relating to the suspected breach, that conduct would amount to hindering or obstructing.