Entry, and exercise of powers, for monitoring purposes
40 Entry, and exercise of powers, for monitoring purposes
An inspector may, at any time, enter a monitoring area, and exercise the monitoring powers, for the purposes of:
determining whether this Act has been, or is being, complied with; or
determining whether information provided under, or for the purposes of, this Act is correct; or
investigating a nuclear safety incident if, at the time the inspector enters the monitoring area or exercises a monitoring power (other than under subsection 42(1)) in relation to the monitoring area, the inspector does not reasonably suspect that the incident involves a contravention of an offence provision, or a civil penalty provision, of this Act.
A reference in this Part to entering a monitoring area includes a reference to boarding an Australian submarine or another vessel (see section 93).
The monitoring powers are set out in section 41 and subsection 42(1).
Entry with or without consent
An inspector may enter a monitoring area under subsection (1) with or without the consent of any relevant person in relation to the monitoring area.
For the definition of relevant person in relation to a monitoring area, see subsection 5(1).
Entry without a warrant
To avoid doubt, an inspector may enter a monitoring area, and exercise monitoring powers, in accordance with subsection (1) without a warrant.
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