Commonwealth Consolidated Acts

ANTI-PERSONNEL MINES CONVENTION ACT 1998 - SECT 16

(1)

The powers an inspector may exercise under paragraph 14(1)(b) are as follows:

(a)

to search the premises and anything on the premises;

(b)

to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, anything on the premises that relates to an anti-personnel mine;

(c)

to take photographs or make video or audio recordings or sketches of the premises or anything on the premises;

(d)

if the inspector was only authorised to enter the premises because the occupier of the premises consented to the entry—to require the occupier to:

(i)

answer any questions put by the inspector; and

(ii)

produce any book, record or document requested by the inspector;

(e)

if the inspector was authorised to enter the premises by a warrant under section 20—to require any person in or on the premises to:

(i)

answer any questions put by the inspector; and

(ii)

produce any book, record or document requested by the inspector;

(f)

to inspect any book, record or document on the premises;

(g)

to take extracts from or make copies of any such book, record or document;

(h)

to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises.

(2)

A person is guilty of an offence if:

(a)

the person is subject to a requirement covered by paragraph (1)(e); and

(b)

the person recklessly contravenes the requirement.

Penalty: 30 penalty units.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.