Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_73
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 73
Character Range: 2280887–2283068

73  OHS inspections—power to require assistance

Requirement to provide assistance
 (1) A NOPSEMA inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of an OHS inspection, require:
 (a) the operator of a facility; or
 (b) the person in charge of operations at a workplace in relation to a facility; or
 (c) a member of the workforce at a facility; or
 (ca) a titleholder; or
 (d) any person representing a person referred to in paragraph (a) or (b); or
 (da) the titleholder's representative (if any) at a facility who is nominated for the inspection;
to provide the inspector with reasonable assistance and facilities:
 (e) that is or are reasonably connected with the conduct of the inspection at or near the facility; or
 (f) for the effective exercise of the inspector's powers in connection with the conduct of the inspection at or near the facility.
 (2) The reasonable assistance referred to in subclause (1) includes, so far as the operator of the facility is concerned:
 (a) appropriate transport to or from the facility for the inspector and for any equipment required by the inspector, or any thing of which the inspector has taken possession; and
 (b) reasonable accommodation and means of subsistence while the inspector is at the facility.

Offence
 (3) A person commits an offence if:
 (a) the person is subject to a requirement under this clause; and
 (b) the person omits to do an act; and
 (c) the omission breaches the requirement.
Penalty: Imprisonment for 6 months or 60 penalty units, or both.
 (4) Subclause (3) does not apply if the person has a reasonable excuse.
Note 1: A defendant bears an evidential burden in relation to the matter in subclause (4)—see subsection 13.3(3) of the Criminal Code.
Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility).

Titleholders and their representatives—limitation on requirements
 (5) Paragraphs (1)(ca) and (da), which give inspectors certain powers in relation to titleholders and their representatives, do not apply unless the inspection wholly or partly concerns the titleholder's well‑related obligations.