Commonwealth Numbered Acts

SOUTH PACIFIC NUCLEAR FREE ZONE TREATY ACT 1986 No. 140, 1986 - SECT 21

21. (1) 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;

   (e)  take extracts from, or make copies of, a document; or

   (f)  do any other act or thing necessary or convenient to be done in order
        to facilitate a Treaty inspection.

(2) An inspector may-

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

   (b)  pursuant to a warrant issued under sub-section (5) in respect of any
        land or premises, enter upon the land, or upon or into the premises,
        and exercise any relevant power for the purpose of facilitating a
        Treaty inspection.

(3) 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 (5) in respect of any
        vessel, aircraft or vehicle, enter the vessel, aircraft or vehicle,
        and exercise any relevant power for the purpose of facilitating a
        Treaty inspection.

(4) Where an inspector may enter a vessel, aircraft or vehicle under
sub-section (3), the inspector may, for the purpose of effecting that entry
and for the purpose of exercising a relevant power for the purpose of
facilitating a Treaty inspection, stop and detain the vessel, aircraft or
vehicle.

(5) 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 the purpose of
facilitating a Treaty inspection, 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 the purpose of
        facilitating the Treaty inspection.

(6) A Magistrate shall not issue a warrant under sub-section (5) unle ss-

   (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 ground 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.

(7) There shall be stated in a warrant issued under sub-section (5)-

   (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.