Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_75:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 75 (pt 1/3)
Character Range: 2295151–2297880

75  OHS inspections—power to take possession of plant and samples etc.

Power to take possession or samples
 (1) In conducting an OHS inspection at regulated business premises, a NOPSEMA inspector may, to the extent that it is reasonably necessary for the purposes of inspecting, examining, taking measurements of, or conducting tests concerning, any plant, substance or thing at those premises in connection with the inspection:
 (a) take possession of the plant, substance or thing and remove it from those premises; or
 (b) take a sample of the substance or thing and remove that sample from those premises.

Notice
 (2) On taking possession of plant, a substance or a thing, or taking a sample of a substance or thing, in connection with an OHS inspection at a facility, the inspector must, by written notice, inform:
 (a) the operator of the facility; and
 (b) if the plant, substance or 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
 (c) if the plant, substance or thing is owned by a person other than a person mentioned in paragraph (a) or (b)—that person; and
 (d) 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; and
 (e) the titleholder's representative (if any) at the facility who is nominated for the inspection;
of the taking of possession or the taking of the sample, 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).
 (2A) On taking possession of plant, a substance or a thing, or taking a sample of a substance or thing, in connection with an OHS inspection at regulated business premises (other than a facility), the inspector must, by written notice, inform:
 (a) in the case of an inspection at regulated business premises that are occupied by the operator of a facility—a person representing the operator; or
 (b) 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
 (c) 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
 (d) 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