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COMMONWEALTHAct
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s 69EAB

Powers available to inspectors for monitoring compliance

In force
Part 7AAInvestigative powers
Division 1Monitoring
Subdivision AMonitoring powers etc.

69EAB Powers available to inspectors for monitoring compliance

(1)

Subject to subsections (2) and (3), for the purpose of finding out whether this Act or the Collection Act has been, or is being, complied with, or of assessing the correctness of information provided under this Act or the Collection Act, or of finding out whether levy is payable under the Collection Act, an inspector may:

(a)

enter any premises; and

(b)

exercise the monitoring powers.

(2)

If premises mentioned in paragraph (1)(a) are a residence, an inspector may only enter the premises if:

(a)

the premises are used for commercial purposes in relation to active constituents or chemical products, in addition to residential purposes; and

(b)

paragraph (3)(a) or (b) is satisfied.

(3)

An inspector is not authorised to enter premises under subsection (1) unless:

(a)

the occupier of the premises has consented to the entry and the inspector has shown his or her identity card if required by the occupier; or

(b)

the entry is made under a monitoring warrant.

Note:

If entry to the premises is with the occupier’s consent, the inspector must leave the premises if the consent ceases to have effect. See section 69ED.

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