Australian Naval Nuclear Power Safety Act 2024

An inspector may apply to an issuing officer for an extension of the 72‑hour period referred to in paragraph 49(3)(b) if the inspector reasonably believes that the equipment needs to be secured for longer than that period.

Before making the application, the inspector must give notice to a relevant person in relation to the investigation area where the equipment was found, of the inspector’s intention to apply for an extension. A relevant person in relation to the investigation area is entitled to be heard in relation to that application.

The issuing officer may, by order, grant an extension of the period if the issuing officer is satisfied, by information on oath or affirmation, that it is necessary to secure the equipment in order to prevent evidential material from being destroyed, altered or otherwise interfered with.

However, the issuing officer must not grant the extension unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the extension is being sought.

The order extending the period must:

describe the equipment to which the order relates; and

state the period for which the extension is granted; and

state that the order is made under this section; and

state that the inspector (or a person assisting the inspector) is authorised to secure the equipment for that period.

The period may be extended more than once.