Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_74:p2
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 74 (pt 2/5)
Character Range: 2285563–2288257

(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 before which the question is to be answered; and
 (c) is accompanied by a statement to the effect that a failure to comply with the requirement is an offence.
The day specified under paragraph (b) must be at least 14 days after the day on which the requirement is imposed.

Requirement to produce documents or things
 (3) If:
 (a) a NOPSEMA inspector is satisfied on reasonable grounds that a person is capable of producing a document or thing 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