Section 165 — Work Health and Safety Act 2011: General powers on entry

(1) An inspector who enters a workplace under section 163 may do all or any of the following: (a) inspect, examine and make inquiries at the workplace; (b) inspect and examine anything (including a document) at the workplace; (c) bring to the workplace and use any equipment or materials that may be required; (d) take measurements, conduct tests and make sketches or recordings (including photographs, films, audio, video, digital or other recordings); (e) take and remove for analysis a sample of any substance or thing; (f) require a person at the workplace to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (e); (g) exercise any compliance power or other power that is reasonably necessary to be exercised by the inspector for the purposes of this Act. (2) A person required to give reasonable help under subsection (1)(f) must not, without reasonable excuse, refuse or fail to comply with the requirement. Penalty: The tier D monetary penalty. (3) Subsection (2) places an evidential burden on the accused to show a reasonable excuse.