Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_54
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 54
Character Range: 2279770–2280887

54  OHS inspections—obstructing or hindering NOPSEMA inspector
 (1) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct obstructs or hinders a NOPSEMA inspector in the exercise of the inspector's powers under clause 50 or 51.
Penalty: 60 penalty units.
 (1A) A person is liable for a civil penalty if the person obstructs or hinders a NOPSEMA inspector in the exercise of the inspector's powers under clause 50 or 51.
Civil penalty: 135 penalty units.
 (2) Subclause (1) or (1A) does not apply if the person has a reasonable excuse.
Note 1: In proceedings for an offence against subclause (1), the defendant bears an evidential burden in relation to the matter in subclause (2): see subsection 13.3(3) of the Criminal Code. The same applies in proceedings for a civil penalty under subclause (1A).
Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility).
Note 3: The same conduct may be an offence against both subclause (1) of this clause and section 149.1 of the Criminal Code.

Division 3—OHS inspections: compliance powers