(3) It shall be presumed, unless it is proved to the contrary, that any alteration, replacement, removal or addition as is referred to in subsection (1) has been made by the occupier of a workplace.
(4) Nothing in subsection (1) or (2) shall operate to interfere with rescue work or work necessary for the general safety of life and property.
(5) Any person who contravenes subsection (1) and any occupier of the workplace who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
Minister may direct inquiry to be held
26.—(1) The Minister may appoint an Inquiry Committee to hold an inquiry into any accident, dangerous occurrence or occupational disease that has occurred in a workplace and into its causes and circumstances, and direct that the Committee reports its findings to the Minister.
(2) The Inquiry Committee referred to in subsection (1) shall comprise—
- (a) a District Judge appointed by the Minister after consulting the Senior District Judge; and
- (b) one or more assessors appointed by the Minister.
(3) The Inquiry Committee shall hold the inquiry in open court in such manner and under such conditions as it thinks most effectual for—
- (a) ascertaining the causes and circumstances of the accident, dangerous occurrence or occupational disease; and
- (b) enabling it to make the report to the Minister.
(4) The Inquiry Committee shall have, for the purposes of the inquiry—
- (a) all the powers of a District Court when trying offences under this Act;
- (b) all the powers of an inspector under this Act; and
- (c) all of the following powers:
- (i) to enter and inspect any premises, the entry or inspection of which appears to the Inquiry Committee requisite for the purposes of the inquiry;
