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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 23 May 2017 at 01:36)
177   Powers supporting seizure
(1)  Having seized a thing, an inspector may:
(a)  move the thing from the place where it was seized (the place of seizure), or
(b)  leave the thing at the place of seizure but take reasonable action to restrict access to it, or
Examples
 Sealing a thing and marking it to show access to it is restricted.
Sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted.
(c)  if the thing is plant or a structure—dismantle or cause to be dismantled the plant or structure.
(2)  If an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an inspector’s approval.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
(3)  To enable a thing to be seized, an inspector may require the person in control of it:
(a)  to take it to a stated reasonable place by a stated reasonable time, and
(b)  if necessary, to remain in control of it at the stated place for a reasonable time.
(4)  The requirement:
(a)  must be made by written notice, or
(b)  if for any reason it is not practicable to give the notice, may be made orally and confirmed by written notice as soon as practicable.
(5)  A further requirement may be made under this section in relation to the same thing if it is necessary and reasonable to make the further requirement.
(6)  The person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (3) or (5).
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
(7)  Subsection (6) places an evidential burden on the accused to show a reasonable excuse.