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Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Current version for 21 March 2018 to date (accessed 16 July 2018 at 18:52)
Part 3 Section 39
39   Duty to preserve incident sites
(1)  The person with management or control of a workplace at which a notifiable incident has occurred must ensure so far as is reasonably practicable, that the site where the incident occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
(2)  In subsection (1) a reference to a site includes any plant, substance, structure or thing associated with the notifiable incident.
(3)  Subsection (1) does not prevent any action:
(a)  to assist an injured person, or
(b)  to remove a deceased person, or
(c)  that is essential to make the site safe or to minimise the risk of a further notifiable incident, or
(d)  that is associated with a police investigation, or
(e)  for which an inspector or the regulator has given permission.
(4)  This section does not apply to a workplace to which the Work Health and Safety (Mines and Petroleum Sites) Act 2013 applies.