Document ID: chunk:federal_register_of_legislation:C2004A01357:clause:1_45a:p1
Version: federal_register_of_legislation:C2004A01357
Segment Type: clause
Provision Reference: sch 1 cl 45A (pt 1/2)
Character Range: 12391–15060

45A  Power to direct orally that workplace etc. not be disturbed

 (1) An investigator may orally direct the person who is, or who may reasonably be presumed to be, for the time being in charge of operations at the workplace to ensure that a workplace, a part of a workplace, plant, a substance or a thing not be disturbed for a specified period if the investigator:
 (a) considers on reasonable grounds that it is necessary to give the oral direction in order to:
 (i) remove an immediate threat to the health or safety of any person; or
 (ii) allow the inspection, examination or taking of measurements of, or conducting of tests concerning, a workplace or any plant, substance or thing at a workplace; and
 (b) considers on reasonable grounds that there is not adequate time available to make a direction by written notice under section 45.

 (2) The specified period:
 (a) must be no longer than the period that the investigator considers on reasonable grounds is necessary in order to remove the threat or to allow the inspection, examination, measuring or testing to take place; and
 (b) must end no later than 48 hours after the direction is given.

 (3) An employer who has control over the workplace, plant, substance or thing to which the direction relates, and whose employees use the workplace, plant, substance or thing in the performance of work for the employer, must ensure the direction is complied with.

Note: If an employer breaches subsection (3), the employer may be subject to civil action or a criminal prosecution (see Schedule 2).

 (4) The oral direction ceases to have effect at the earliest of the following times:
 (a) the time when the specified period under subsection (2) ends;
 (b) the time when the oral direction is revoked under subsection (5);
 (c) the time when a direction under section 45 is given if that direction is made for the purposes of the same investigation and in respect of:
 (i) the same workplace, part of a workplace, plant, substance or thing; and
 (ii) the same threat, inspection, examination, measuring or testing;
  as the oral direction.

 (5) The direction may be revoked by informing the person who is for the time being in charge of operations at the workplace that the direction is revoked.

 (6) The direction cannot be renewed or varied and no other direction under this section may be made for the purposes of the same investigation and in respect of:
 (a) the same workplace, part of a workplace, plant, substance or thing; and
 (b) the same threat, inspection, examination, measuring or testing;
as the first‑mentioned direction.

Note: The heading to section 45 is altered by inserting "in writing"