Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_74:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 74 (pt 1/5)
Character Range: 2283068–2285793

74  OHS inspections—powers to require information, and the production of documents and things

Requirement to answer questions
 (1) If:
 (a) a NOPSEMA inspector is satisfied on reasonable grounds that a person is capable of answering a question that is reasonably connected with the conduct of an OHS inspection; and
 (b) the person is:
 (i) the operator of a facility; or
 (ii) the person in charge of operations at a workplace in relation to a facility; or
 (iii) a member of the workforce at a facility; or
 (iiia) a titleholder; or
 (iv) any person representing a person referred to in subparagraph (i) or (ii); or
 (v) in the case of an inspection at a facility—the titleholder's representative (if any) at the facility who is nominated for the inspection, or anyone engaged in petroleum or greenhouse gas activities at the facility; or
 (va) in the case of an inspection at regulated business premises that are occupied by a related body corporate of the operator of a facility—a person representing the related body corporate; or
 (vb) in the case of an inspection at regulated business premises that are occupied by a person covered by subparagraph (d)(ii) of the definition of regulated business premises in clause 3—a person representing the person; or
 (vc) in the case of an inspection at regulated business premises that are occupied by a person covered by subparagraph (e)(ii) of the definition of regulated business premises in clause 3—a person representing the person; or
 (vd) in the case of an inspection at regulated business premises that are occupied by a related body corporate of the registered holder of a title—a person representing the related body corporate; or
 (ve) in the case of an inspection at regulated business premises that are occupied by a person covered by subparagraph (h)(ii) of the definition of regulated business premises in clause 3—a person representing the person; or
 (vf) in the case of an inspection at regulated business premises that are occupied by a person covered by subparagraph (i)(ii) of the definition of regulated business premises in clause 3—a person representing the person; or
 (vi) in the case of an inspection at a place other than a facility—any person representing the titleholder;
the inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of the inspection, require the person to answer the question put by the inspector.
 (2) If, at the time when a requirement under subclause (1) is imposed on a person, the person is not physically present on regulated business premises, the person is not obliged to comply with the requirement unless the requirement:
 (a) is in writing; and
 (b) specifies the day on or