Western Australian Consolidated Acts

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MINES SAFETY AND INSPECTION ACT 1994 - SECT 29

29 .         Obstructing etc. inspectors

        (1)         A person must not —

            (a)         obstruct, hinder, or interfere with an inspector or assistant inspector lawfully acting in the execution or performance of a function conferred or imposed on an inspector or assistant inspector under this Act; or

            (b)         fail, without reasonable excuse, to answer any question put to that person for the purposes of this Act by an inspector or assistant inspector or give a false or misleading answer to any such question, or refuse to make any statutory declaration that the person is required under this Act to make; or

            (c)         use any threat or any abusive or insulting language to an inspector or assistant inspector lawfully acting in the execution or performance of a function conferred or imposed on an inspector or assistant inspector under this Act; or

            (d)         fail, without reasonable excuse, to comply in any respect with a lawful request, requirement or direction made or given by an inspector or assistant inspector.

        (2)         A person must not, without reasonable excuse, fail to provide to an inspector or assistant inspector acting in the execution or performance of a function under this Act access to a mine, building, structure, plant, data or records, or any other assistance which that person may lawfully and reasonably be required to provide.

        (3)         A statement made in response to a requirement made under this Act is not admissible in evidence in a prosecution against the person for an offence, other than an offence under this section, if the person making the statement objected to doing so at the time he or she made the statement on the ground that it might tend to incriminate that person.

        (4)         A person who contravenes subsection (1) or (2) commits an offence.

        [Heading inserted by No. 68 of 2004 s. 76.]

        [Heading inserted by No. 68 of 2004 s. 76.]



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