Entering investigation area by consent or under a warrant
47 Entering investigation area by consent or under a warrant
If an inspector reasonably suspects that there may be evidential material in an investigation area, the inspector may:
enter the investigation area; and
exercise the investigation powers.
A reference in this Part to entering an investigation area includes a reference to boarding an Australian submarine or another vessel (see section 93).
The investigation powers are set out in section 48 and subsections 49(2) and 52(2).
However, an inspector is not authorised to enter the investigation area unless:
a relevant person in relation to the investigation area has consented to the entry; or
the entry is made under an investigation warrant.
For the definition of relevant person in relation to an investigation area, see subsection 5(1).
If entry to the investigation area is with the consent of a relevant person in relation to the investigation area, the inspector must leave the investigation area if the consent ceases to have effect (see section 53).
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