Australian Naval Nuclear Power Safety Act 2024

This section applies if an inspector, and all persons assisting, who are executing an investigation warrant in relation to an investigation area temporarily cease its execution and leave the investigation area.

The inspector, and persons assisting, may complete the execution of the warrant if:

the warrant is still in force; and

the inspector and persons assisting are absent from the investigation area:

for not more than 1 hour; or

if there is an emergency situation, for not more than 12 hours or such longer period as allowed by an issuing officer under subsection (5); or

for a longer period if a relevant person in relation to the investigation area consents in writing.

An inspector, or person assisting, may apply to an issuing officer for an extension of the 12‑hour period mentioned in subparagraph (2)(b)(ii) if:

there is an emergency situation; and

the inspector or person assisting reasonably believes that the inspector and the persons assisting will not be able to return to the investigation area within that period.

If it is practicable to do so, before making the application, the inspector or person assisting must give notice to a relevant person in relation to the investigation area of the intention to apply for an extension.

An issuing officer may extend the period during which the inspector and persons assisting may be away from the investigation area if:

an application is made under subsection (3); and

the issuing officer is satisfied, by information on oath or affirmation, that there are exceptional circumstances that justify the extension; and

the extension would not result in the period ending after the warrant ceases to be in force.