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.