OFFSHORE MINERALS ACT 1994 - SECT 378 Powers exercisable in course of inspection

OFFSHORE MINERALS ACT 1994 - SECT 378

  (1)   If an inspector may carry out a compliance inspection, the inspector may do anything that is reasonable and necessary to carry out the inspection.

  (2)   Without limiting subsection   ( 1), the inspector may:

  (a)   examine things that are being used in activities carried out under a licence or special purpose consent and things that appear to the inspector to be intended to be used in those activities; and

  (b)   test equipment (for example, by operating it); and

  (c)   examine, and copy, documents; and

  (d)   remove documents; and

  (e)   take photographs; and

  (f)   examine, and take samples of, cores or cuttings from the seabed or subsoil; and

  (g)   enter or go onto any land, building or structure; and

  (h)   enter or board any vehicle, vessel or aircraft.

  (3)   If the compliance inspection is being carried out under a warrant under section   382, subsection   ( 2) has effect subject to the restrictions that are specified in the warrant.

  (4)   Subject to subsections   ( 5) and (6), if an inspector removes a document under paragraph   ( 2)(d), the inspector may retain the document for as long as is necessary and reasonable to determine whether the licence holder, the consent holder or the associate has complied with or is complying with:

  (a)   this Act and the regulations; or

  (b)   an associated revenue Act or regulations made under an associated revenue Act; or

  (c)   the licence or consent conditions; or

  (d)   a compliance direction.

  (5)   Subject to subsection   ( 6), the inspector must not retain the document for more than 60 days.

  (6)   If:

  (a)   proceedings for an offence against a provision of this Act or the regulations are instituted within that period of 60 days; and

  (b)   the document may afford evidence of the commission of the offence;

the inspector may retain the document until the proceedings are completed.

  (7)   For the purposes of subsection   ( 6):

  (a)   an offence:

  (i)   against section   6 of the Crimes Act 1914 ; or

  (ii)   that is taken to have been committed because of section   11.2 or 11.2A of the Criminal Code ; or

  (iii)   against section   11.1, 11.4 or 11.5 of the Criminal Code ;

    that relates to a provision of this Act is taken to be an offence against a provision of this Act; and

  (b)   an offence:

  (i)   against section   6 of the Crimes Act 1914 ; or

  (ii)   that is taken to have been committed because of section   11.2 or 11.2A of the Criminal Code ; or

  (iii)   against section   11.1, 11.4 or 11.5 of the Criminal Code ;

    that relates to a provision of the regulations is taken to be an offence against a provision of the regulations; and

  (c)   the proceedings for an offence are taken to include any appeal to a court in relation to those proceedings.

  (8)   While an inspector is retaining the document under subsection   ( 4), the inspector must allow a person to inspect the document if the person would have a right to inspect the document if it were not in the inspector's possession.