(1) In this section ¾

}authorised person~, in relation to a workplace, means ¾

(a) an employer of any employee at the workplace, including a person that is an employer by operation of section 23D, 23E or 23F;

(b) any self-employed person carrying out work at the workplace; and

(c) a person at the workplace who has the management and control of ¾

(i) the workplace; or

(ii) the work being carried out at the workplace;

}conduct~ includes a failure to do a particular act or thing;

}employee~ includes a person who is an employee by operation of section 23D, 23E or 23F.

(2) Subsection (3) applies if ¾

(a) a person (a }visitor~) is at a workplace otherwise than in the capacity of ¾

(i) an employer;

(ii) an employee;

(iii) a self-employed person; or

(iv) a person having control, to any extent, of the workplace;

and

(b) an authorised person believes on reasonable grounds that ¾

(i) any conduct of the visitor at the workplace; or

(ii) the presence of the visitor in the workplace or in a particular part of the workplace,

constitutes a hazard to any person.

(3) The authorised person may direct the visitor ¾

(a) to immediately cease engaging in the conduct concerned; or

(b) to immediately leave the workplace and not to return as a visitor to the workplace 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 57A inserted by No. 51 of 2004 s. 113.]