Commonwealth Numbered Acts

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 No. 8, 1987 - SECT 59

59. (1) A reference in this section to a relevant safeguards purpose shall be
read as a reference to the purpose of-

   (a)  ascertaining whether the provisions of this Act and the regulations
        have been or are being complied with;

   (b)  ascertaining whether the restrictions and conditions applicable to a
        permit or authority have been or are being complied with by the person
        to whom the permit or authority was granted;

   (c)  ascertaining whether orders made and directions given under section 73
        have been or are being complied with;

   (d)  ensuring the proper functioning of containment devices and
        surveillance devices;

   (e)  facilitating an inspection by an Agency inspector in accordance with
        Articles 71 to 90 (inclusive) of the Agency Agreement;

   (f)  ascertaining whether the construction or modification of a nuclear
        facility has been or is being carried out in accordance with
        information provided to the Director in relation to the construction
        or modification under section 29; or

   (g)  doing any act or thing authorised by an authority given pursuant to
        paragraph 67 (1) (d) or 68 (1) (e).

(2) A reference in this section to a relevant power shall be read as a
reference to a power to-

   (a)  search land or premises or a vessel, aircraft or vehicle;

   (b)  inspect or examine a matter or thing;

   (c)  take samples of a matter or thing;

   (d)  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);

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

   (f)  measure any quantity of nuclear material or associated material;

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

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

   (j)  do any other act or thing necessary or convenient to be done in order
        to achieve a relevant safeguards purpose.

(3) An inspector may-

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

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

   (c)  pursuant to a warrant issued under sub-section (6) in respect of any
        land or premises, enter upon the land, or upon or into the premises,
        and exercise any relevant power for a relevant safeguards purpose.

(4) An inspector may-

   (a)  with the consent of the person in control of any vessel, aircraft or
        vehicle; or

   (b)  pursuant to a warrant issued under sub-section (6) in respect of any
        vessel, aircraft or vehicle, enter the vessel, aircraft or vehicle and
        exercise any relevant power for a relevant safeguards purpose.

(5) Where an inspector may enter a vessel, aircraft or vehicle under
sub-section (4), the inspector may, for that purpose and for the purpose of
exercising a relevant power for a relevant safeguards purpose, stop and detain
the vessel, aircraft or vehicle.

(6) Where an information on oath is laid before a Magistrate alleging that
there are reasonable grounds for an inspector having access to any land,
premises, vessel, aircraft or vehicle, in order to exercise relevant powers in
relation to the land, premises, vessel, aircraft or vehicle for relevant
safeguards purposes, and the information sets out those grounds, the
Magistrate may issue a warrant in accordance with the appropriate form
prescribed for the purposes of this sub-section authorising an inspector named
in the warrant, with such assistance as the inspector thinks necessary, and if
necessary by force-

   (a)  to enter upon the land or upon or into the premises, vessel, aircraft
        or vehicle; and

   (b)  to exercise relevant powers in relation to the land, premises, vessel,
        aircraft or vehicle, as the case requires, for relevant safeguards
        purposes specified in the warrant.

(7) A Magistrate shall not issue a warrant under sub-section (6) unless-

   (a)  the informant or some other person has given to the Magistrate, either
        orally or by affidavit, such further information (if any) as the
        Magistrate requires concerning the grounds on which the issue of the
        warrant is being sought; and

   (b)  the Magistrate is satisfied that there are reasonable grounds for
        issuing the warrant.

(8) There shall be stated in a warrant issued under sub-section (6)-

   (a)  whether entry is authorised to be made at any time of the day or night
        or during specified hours of the day or night; and

   (b)  a day, not being later than one month after the day of issue of the
        warrant, upon which the warrant ceases to have effect.