Document ID: chunk:federal_register_of_legislation:C2019A00092:clause:2b_8:p4
Version: federal_register_of_legislation:C2019A00092
Segment Type: clause
Provision Reference: sch 2B cl 8 (pt 4/4)
Character Range: 160460–162358

representative at the facility who is nominated for the inspection; or
 (ii) if there is no titleholder's representative at the facility—the titleholder;
 (b) the operator's representative at the facility;
 (c) if the thing is owned by a person other than a person mentioned in paragraph (a) or (b)—that owner.

Display of notice at facility
 (16) The operator's representative at the facility must cause the notice to be displayed in a prominent place at the facility.

Notice—taking possession at regulated business premises
 (17) On taking possession of a thing under subclause (14) at regulated business premises, the NOPSEMA inspector must, by written notice, inform the following persons of the taking of possession, and the reasons for it:
 (a) the person who produced the thing;
 (b) if that person is not the owner of the thing—the owner of the thing.

Inspection of thing
 (18) 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
 (19) 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).
Note: The same conduct may be an offence against both subclause (7) of this clause and section 137.1 of the Criminal Code.