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NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 60 Safeguards inspections by Agency inspectors

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 60

Safeguards inspections by Agency inspectors

  (1)   A reference in this section to a relevant power shall be read as a reference to a power to:

  (a)   inspect or examine a matter or thing;

  (b)   take samples of a matter or thing;

  (c)   examine a document (including a record kept pursuant to this Act or the regulations, pursuant to a condition of a permit or authority or pursuant to an order or direction under section   73);

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

  (e)   measure any quantity of nuclear material;

  (f)   verify the proper functioning or calibration of an instrument (including an instrument that forms part of a containment device or surveillance device);

  (g)   install or operate a containment device or surveillance device; or

  (h)   do any other act or thing necessary or appropriate to be done in order to carry out an inspection that the Agency has the right to make in accordance with the Agency Agreement or a Supplementary Agency Agreement.

  (2)   For the purposes of carrying out an inspection that the Agency has the right to make in accordance with the Agency Agreement or a Supplementary Agency Agreement, an Agency inspector may:

  (a)   with the consent of the occupier of any land or premises; or

  (b)   in accordance with an agreement, whether oral or in writing between the Director and the occupier of any land or premises;

enter upon the land, or upon or into the premises, and exercise any relevant power.

  (2A)   For the purposes of carrying out an inspection that the Agency has the right to make in accordance with the Agency Agreement or a Supplementary Agency Agreement, an Agency inspector may, with the consent of the person in control of any vessel, aircraft or vehicle, enter the vessel, aircraft or vehicle and exercise any relevant power.

  (3)   Where:

  (a)   a warrant is issued to an inspector (in this subsection referred to as the relevant inspector ) under subsection   59(6) authorising the exercise of powers in relation to land or premises or a vessel, aircraft or vehicle for specified relevant purposes; and

  (b)   those purposes include the purpose of facilitating an inspection by an Agency inspector in accordance with the Agency Agreement or a Supplementary Agency Agreement;

an Agency inspector may accompany the relevant inspector when the relevant inspector enters upon the land or upon or into the premises , vessel, aircraft or vehicle and may, for the purposes of carrying out the inspection referred to in paragraph   ( b), exercise any relevant power.