Page:Workplace Safety and Health Act 2006.pdf/48

48 : the facts and circumstances of matters under this Act and that person shall attend as so required.

(2) The person referred to in subsection (1)(a) shall be bound to state truly the facts and circumstances with which he is acquainted concerning matters under this Act, except only that he may decline to make with regard to any fact or circumstance, a statement which would have a tendency to expose him to a criminal charge, penalty or forfeiture.

(3) A statement made under this section by any person shall be read over to him and shall, after correction, if necessary, be signed by him.

(4) If any person fails to attend as required by an order under subsection (1)(b), the inspector may report such failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the order.

Competency of inspector as witness

44. In any case where a prosecution under this Act is brought at the instance of, or is conducted by, an inspector, it shall not be an objection to the competency of an inspector to give evidence as a witness in any prosecution for an offence under this Act that the prosecution is brought at his instance, or conducted by him.

Persons not to reveal protected information

45.—(1) If a person exercising any function under this Act as an inspector obtains protected information about the affairs of another person, he shall not disclose that protected information to any other person unless the disclosure—
 * (a) is made with the written consent of the person to whom the information relates;
 * (b) is for the purpose of the administration or enforcement of this Act; or
 * (c) is in compliance with the requirement of any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions.

(2) If any person acts in contravention of subsection (1), he shall be guilty of an offence and shall be liable on conviction to a fine not