Commonwealth Consolidated Acts

CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 46

             (1)  A reference in this Division to a challenge inspection power is a reference to a power to:

                     (a)  search premises that comprise a challenge inspection site; or

                     (b)  take photographs (including video recordings), or make sketches, of the site or of equipment or any other matter or thing on or in the site; or

                     (c)  monitor the exit of all vessels, aircraft or vehicles (other than personnel or personal vehicles) leaving the site; or

                     (d)  inspect or examine a matter or thing; or

                     (e)  take samples of a matter or thing; or

                      (f)  measure a matter or thing; or

                     (g)  examine a document (including a record kept under this Act or the regulations or under a condition of a permit); or

                     (h)  take extracts from, or make copies of, a document (including a record of a kind referred to in paragraph (g)); or

                      (i)  verify the proper functioning or calibration of any equipment (including any equipment that forms part of on‑site monitoring equipment); or

                      (j)  install and operate on‑site monitoring equipment; or

                     (k)  question personnel working on the site for the purposes of this Act; or

                      (l)  operate equipment, including electronic equipment, located at the site, if the national inspector believes, on reasonable grounds, that the equipment can be operated without damaging it; or

                    (m)  take onto the site any equipment or material that is approved by the Organization and that is reasonably required for the purpose of exercising a power under any of the above paragraphs; or

                     (n)  do any other act or thing necessary or convenient to be done in order to carry out a challenge inspection in accordance with Article IX of the Convention.

             (2)  A power referred to in paragraph (1)(a), (b), (c), (d), (e), (f), (i), (j), (l), (m) or (n) may only be exercised in a manner that the national inspector believes, on reasonable grounds, to be in accordance with safety procedures applicable at the challenge inspection site.