Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_50
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 50
Character Range: 2273789–2276361

50  OHS inspections—facilities

Power to enter and search
 (1) A NOPSEMA inspector may, for the purposes of an OHS inspection, at any reasonable time during the day or night:
 (a) enter a facility to which the inspection relates and do any or all of the following:
 (i) search the facility;
 (ii) inspect, examine or measure, or conduct tests concerning, the facility (including any workplace at the facility and any plant, substance or thing at the facility);
 (iii) take photographs of, make video recordings of, or make sketches of, the facility (including any workplace at the facility and any plant, substance or thing at the facility);
 (iv) inspect, take extracts from, or make copies of, any documents at the facility that the inspector is satisfied on reasonable grounds relate, or are likely to relate, to the subject matter of the inspection;
 (v) exercise the powers conferred by clause 74 in relation to the OHS inspection;
 (vi) exercise the powers conferred by clause 75 in relation to the OHS inspection; and
 (b) inspect the seabed and subsoil in the vicinity of a facility to which the inspection relates.

Notification of entry
 (2) Immediately on entering a facility for the purposes of an OHS inspection, a NOPSEMA inspector must take reasonable steps to notify the purpose of the entry to each of the following (an occupier):
 (a) the operator's representative at the facility;
 (b) if there is a health and safety representative for a designated work group having a group member likely to be affected by the matter the subject of the inspection—that representative;
 (c) a titleholder's representative (if any) at the facility who is nominated for the inspection.
Note: A titleholder's representative is only required to be at the facility if the inspection concerns the titleholder's well‑related obligations (see section 602K).
 (2A) The inspector must, on being requested to do so by an occupier, produce for inspection by the occupier:
 (a) the inspector's identity card; and
 (b) a copy of NOPSEMA's written direction (if any) to conduct the inspection; and
 (c) a copy of any directions issued by NOPSEMA under section 602A in relation to the exercise of the inspector's powers.

Consultation with health and safety representative
 (3) If there is a health and safety representative for a designated work group having a group member likely to be affected by the matter the subject of the inspection, the inspector must give the health and safety representative a reasonable opportunity to consult on the matter the subject of the inspection.