Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
authorised person , in relation to a mine,
means —
(a) a
managerial officer at the mine; and
(b) an
employer of any employee at the mine, including a person who is an employer by
operation of section 15A, 15B or 15C; and
(c) any
self-employed person carrying out work at the mine;
conduct includes a failure to do a particular act
or thing;
employee includes a person who is an employee by
operation of section 15A, 15B or 15C;
managerial officer , in relation to a mine,
means —
(a) the
principal employer at the mine; and
(b) the
registered manager and any underground manager or quarry manager at the mine;
and
(c) a
person appointed as an alternate or deputy of an officer referred to in
paragraph (b).
(2)
Subsection (3) applies if —
(a) a
person (a visitor ) is at a mine otherwise than in the capacity
of —
(i)
a managerial officer; or
(ii)
an employer; or
(iii)
an employee; or
(iv)
a self-employed person;
and
(b) an
authorised person believes on reasonable grounds that —
(i)
any conduct of the visitor at the mine; or
(ii)
the presence of the visitor at the mine or a particular
part of the mine,
constitutes a hazard
to any person.
(3) The authorised
person may direct the visitor —
(a) to
immediately cease engaging in the conduct concerned; or
(b) to
immediately leave the mine and not to return as a visitor to the mine until
permitted by the authorised person to do so.
(4) A person who,
without reasonable excuse, fails to comply with a direction given to the
person under subsection (3) commits an offence.
[Section 102A inserted by No. 68 of 2004
s. 91.]