Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Part 5A Enforcement
43A The regulator
(1) The regulator has the following functions:
(a) to advise and make recommendations to the Minister and report on the operation and effectiveness of this Act;
(b) to monitor and enforce compliance with this Act;
(c) to provide advice and information on workplace privacy to employers and employees under this Act and to the community;
(d) to conduct and defend proceedings under this Act before a court or tribunal;
(e) any other function given to the regulator by this Act.
Note A reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act
, s 104).
(2) The regulator has the same powers to obtain information in relation to a possible contravention of this Act or that will assist the regulator to monitor or enforce compliance with this Act that the regulator has under the Work Health and Safety Act 2011
, section 155 in relation to that Act.
(3) In addition, the regulator has all the powers that an inspector has under this Act.
(4) The regulator may delegate the regulator's powers and functions under this Act to another person.
Note For the making of delegations and the exercise of delegated functions, see the Legislation Act
, pt 19.4.
43B Inspectors
An inspector under the Work Health and Safety Act 2011
is an inspector for this Act.
43C Functions and powers of inspectors
(1) An inspector has the following functions and powers under this Act:
(a) to provide information and advice about compliance with this Act;
(b) to require compliance with this Act through the issuing of notices under the Work Health and Safety Act 2011
, part 10 (Enforcement measures);
(c) to investigate contraventions of this Act and assist in the prosecution of offences.
(2) The Work Health and Safety Act 2011
, section 161 (Conditions on inspectors' compliance powers) and section 162 (Inspectors subject to regulator's directions) apply to an inspector in relation to the exercise of a function or power under this Act.
43D Securing compliance
(1) An inspector may exercise powers the inspector has under the following provisions of the Work Health and Safety Act 2011
for the purpose of securing compliance with this Act:
(a) division 9.3 (Powers relating to entry);
(b) division 9.5 (Other matters).
(2) The following provisions of the Work Health and Safety Act 2011
apply in relation to any exercise of those functions:
(a) division 9.4 (Damage and compensation);
(b) division 9.6 (Offences in relation to inspectors).
(3) For this section, the provisions of the Work Health and Safety Act 2011
mentioned in this section apply as if—
(a) a reference in those provisions to a workplace were a reference to a workplace under this Act; and
(b) any other necessary changes were made.
43E Enforcement measures
(1) The Work Health and Safety Act 2011
, part 10 (Enforcement measures) applies for the purpose of enforcing compliance with this Act.
(2) For this section, the Work Health and Safety Act 2011
, part 10 applies as if—
(a) a reference in that part to a workplace were a reference to a workplace under this Act; and
(b) a reference to contravening a provision were a reference to contravening a provision of this Act; and
(c) any other necessary changes were made.
Note A reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act
, s 104).