Division 2Division 2 Powers of authorised officers
21 Section 21 General powers of authorised officers who are police officers or appointed by EPA: application of Chapter 7 of Protection of the Environment Operations Act 1997
(1) An authorised officer who is a police officer or who is appointed by the EPA has and may exercise the functions of an authorised officer under Chapter 7 and section 319A of the Protection of the Environment Operations Act 1997 (the POEO Act) for the following purposes:(a) for determining whether there has been compliance with or a contravention of this Act and the regulations,(b) for obtaining information or records for purposes connected with the administration of this Act and the regulations,(c) generally for administering this Act and the regulations.(2) The provisions of Chapter 7 and section 319A of the POEO Act apply to and in respect of this Act as if those provisions were part of this Act, subject to the following modifications:(a) references in those provisions to an authorised officer were references to an authorised officer who is a police officer or who is appointed by the EPA as a Competent Authority under this Act,(b) references in those provisions to “this Act” were references to this Act,(c) references in those provisions to the EPA were references to the EPA as a Competent Authority,(d) the EPA as a Competent Authority was the appropriate regulatory authority for matters concerning this Act.(3) For the avoidance of doubt, a prosecution of a person for an offence against a provision of Chapter 7 of the POEO Act (as applying under this section) is to be taken as if the offence were an offence against this Act.(4) The functions that an authorised officer has under Chapter 7 of the POEO Act are, for the purposes of any provision of this Act, taken to be functions under this Act.(5) If an authorised officer has functions in respect of a matter under both Chapter 7 of the POEO Act (as applying under this section) and under any other provision of this Act, the fact that there is a restriction on the exercise of a function under this Act does not of itself operate to restrict the exercise by an authorised officer of any similar or the same function under Chapter 7 of the POEO Act.
22 General powers of authorised officers appointed by WorkCover: application of Part 9 of Work Health and Safety Act 2011
(1) An authorised officer appointed by WorkCover has and may exercise the functions of an inspector under Part 9 of the Work Health and Safety Act 2011 (the WHS Act) for the following purposes:(a) for determining whether there has been compliance with or a contravention of this Act and the regulations,(b) for obtaining information or records for purposes connected with the administration of this Act and the regulations,(c) generally for administering this Act and the regulations.(2) The provisions of Part 9 of the WHS Act apply to and in respect of this Act as if those provisions were part of this Act, subject to the following modifications:(a) references in those provisions to an inspector were references to an authorised officer appointed by WorkCover as a Competent Authority under this Act,(b) references in those provisions to “this Act” were references to this Act,(c) references in those provisions to the regulator were references to WorkCover as a Competent Authority.(3) For the avoidance of doubt, a prosecution of a person for an offence against a provision of Part 9 of the WHS Act (as applying under this section) is to be taken as if the offence were an offence against this Act.(4) The functions that an authorised officer has under Part 9 of the WHS Act are, for the purposes of any provision of this Act, taken to be functions under this Act.(5) If an authorised officer has functions in relation to a matter under both Part 9 of the WHS Act (as applying under this section) and under any other provision of this Act, the fact that there is a restriction on the exercise of a function under this Act does not of itself operate to restrict the exercise by an authorised officer of any similar or the same function under Part 9 of the WHS Act.
23 Offence of obstructing or intimidating authorised officers and others exercising functions under Act
A person must not:(a) obstruct, hinder or impede any authorised officer or a person assisting an authorised officer in the exercise of the officer’s functions under this Act, or(b) intimidate or threaten or attempt to intimidate any authorised officer in the exercise of the officer’s functions under this Act.Maximum penalty: 100 penalty units or imprisonment for 6 months, or both, for an individual or 500 penalty units for a body corporate.
24 Offence of impersonating an authorised officer
A person must not impersonate, or falsely represent that the person is, an authorised officer.Maximum penalty: 100 penalty units.
25 Reciprocal powers of authorised officers
(1) This section has effect in relation to another jurisdiction while the corresponding law of the other jurisdiction contains provisions corresponding to this section.(2) The Minister may enter into agreements with a Minister of the other jurisdiction for the purposes of this section.(3) To the extent envisaged by such an agreement:(a) authorised officers of this jurisdiction may, in the other jurisdiction, exercise powers conferred on authorised officers of the other jurisdiction by or under the corresponding law of the other jurisdiction, and(b) authorised officers of the other jurisdiction may, in this jurisdiction, exercise powers conferred on authorised officers by this Act.(4) Anything done by an authorised officer of this jurisdiction under subsection (3) (a) (including an omission of an act) is taken to have been done under this Act as well as under the corresponding law.(5) The regulations may make provision for or with respect to the exercise of powers under this section.