Document ID: chunk:federal_register_of_legislation:C2019A00092:clause:4_18:p1
Version: federal_register_of_legislation:C2019A00092
Segment Type: clause
Provision Reference: sch 4 cl 18 (pt 1/2)
Character Range: 118029–120787

18  At the end of clause 74 of Schedule 3
Add:

NOPSEMA inspector may retain documents
 (11) A NOPSEMA inspector may take possession of a document produced under this clause, and retain it for as long as is reasonably necessary.
 (12) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by a NOPSEMA inspector to be a true copy.
 (13) The certified copy must be received in all courts and tribunals as evidence as if it were the original.
 (14) Until a certified copy is supplied, a NOPSEMA inspector must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.

NOPSEMA inspector may retain other things
 (15) A NOPSEMA inspector may take possession of a thing (other than a document) produced under this clause, and retain it for as long as is reasonably necessary.

Notice—taking possession at facility
 (16) On taking possession of a thing under subclause (15) at a facility, the NOPSEMA inspector must, by written notice, inform:
 (a) the operator of the facility; and
 (b) the operator's representative at the facility; and
 (c) if the inspection is wholly or partly in relation to the titleholder's well‑related obligations—the titleholder; and
 (d) if the inspection is wholly or partly in relation to the titleholder's well‑related obligations—the titleholder's representative (if any) at the facility who is nominated for the inspection; and
 (e) if the thing is used for the performance of work by an employer (other than the operator) of a member or members of the workforce at the facility—that employer; and
 (f) if the thing is owned by a person other than a person mentioned in paragraph (a), (b), (c), (d) or (e)—that person; and
 (g) if there is a health and safety representative for a designated work group that includes a member of the workforce who is affected by the matter to which the inspection relates—that representative;
of the taking of possession, and the reasons for it.
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).

Display of notice at facility
 (17) If the NOPSEMA inspector gives the notice to the operator of the facility to which the inspection relates, the operator's representative at the facility must cause the notice to be displayed in a prominent place at the workplace from which the thing was removed.

Notice—taking possession otherwise than at facility
 (18) On taking possession of a thing under subclause (15) otherwise than at