Australian Capital Territory Numbered Acts

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WORK SAFETY ACT 2008 (NO. 51 OF 2008) - SECT 86

Action in relation to seized thing

    (1)     This section applies if an inspector has seized a thing at premises (the place of seizure ) under section 85.

    (2)     The inspector may—

        (a)     remove the thing from the place of seizure to another place; or

        (b)     leave the thing at the place of seizure but restrict access to it.

Example—how access may be restricted

The inspector may—

(a)     place the seized thing in a room or other enclosed area, compartment or cabinet at the place of seizure; and

(b)     fasten and seal the door or opening providing access to the room, area, compartment or cabinet; and

(c)     mark the door or opening in a way that indicates that access to it has been restricted under this Act.

Note 1     The inspector may also destroy or otherwise dispose of the thing under s 87 if that section applies to the thing.

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     A person commits an offence if—

        (a)     the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (2); and

        (b)     the person does not have an inspector's approval to interfere with the thing.

Maximum penalty: 100 penalty units.



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