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Contents (2011 - 10)
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Work Health and Safety Act 2011 No 10
Current version for 6 January 2017 to date (accessed 29 April 2017 at 00:05)
Part 7 Division 7
Division 7 Prohibitions
144   Person must not refuse or delay entry of WHS entry permit holder
(1)  A person must not, without reasonable excuse, refuse or unduly delay entry into a workplace by a WHS entry permit holder who is entitled to enter the workplace under this Part.
WHS civil penalty provision.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
(2)  Subsection (1) places an evidential burden on the accused to show a reasonable excuse.
145   Person must not hinder or obstruct WHS entry permit holder
A person must not intentionally and unreasonably hinder or obstruct a WHS entry permit holder in entering a workplace or in exercising any rights at a workplace in accordance with this Part.
WHS civil penalty provision.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
146   WHS entry permit holder must not delay, hinder or obstruct any person or disrupt work at workplace
A WHS entry permit holder exercising, or seeking to exercise, rights in accordance with this Part must not intentionally and unreasonably delay, hinder or obstruct any person or disrupt any work at a workplace, or otherwise act in an improper manner.
WHS civil penalty provision.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
147   Misrepresentations about things authorised by this Part
(1)  A person must not take action:
(a)  with the intention of giving the impression, or
(b)  reckless as to whether the impression is given,
that the doing of a thing is authorised by this Part if it is not so authorised.
WHS civil penalty provision.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
(2)  Subsection (1) does not apply if the person reasonably believes that the doing of the thing is authorised.
148   Unauthorised use or disclosure of information or documents
A person must not use or disclose information or a document obtained under Division 2 of this Part in an inquiry into a suspected contravention for a purpose that is not related to the inquiry or rectifying the suspected contravention, unless:
(a)  the person reasonably believes that the use or disclosure is necessary to lessen or prevent:
(i)  a serious risk to a person’s health or safety, or
(ii)  a serious threat to public health or safety, or
(b)  the person has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the information or document as a necessary part of an investigation of the matter or in reporting concerns to relevant persons or authorities, or
(c)  the use or disclosure is required or authorised by or under law, or
(d)  the person reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by, or on behalf of, an enforcement body (within the meaning of the Privacy Act 1988 of the Commonwealth):
(i)  the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law,
(ii)  the enforcement of laws relating to the confiscation of the proceeds of crime,
(iii)  the protection of the public revenue,
(iv)  the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct,
(v)  the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal, or
(e)  if the information is, or the document contains, personal information—the use or disclosure is made with the consent of the individual to whom the information relates.
WHS civil penalty provision.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.