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COMMONWEALTHAct
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s 88

Persons assisting inspectors

In force
Part 4Compliance and enforcement
Division 6Australian Naval Nuclear Power Safety Inspectors

88 Persons assisting inspectors

Inspectors may be assisted by other persons

(1)

An inspector may be assisted by other persons in exercising powers under this Part, if that assistance is necessary and reasonable. A person giving such assistance is a person assisting the inspector.

Powers of a person assisting

(2)

A person assisting the inspector in relation to a monitoring area or investigation area:

(a)

may enter the area; and

(b)

may exercise the powers under this Part that the inspector is appointed to exercise; and

(c)

must do so in accordance with a direction given by the inspector to the person assisting.

(3)

In executing an investigation warrant under Division 3, a person assisting the inspector may use such force against things as is necessary and reasonable in the circumstances.

(4)

A power exercised by a person assisting the inspector as mentioned in subsection (2) is taken for all purposes to have been exercised by the inspector.

(5)

If a direction is given under paragraph (2)(c) in writing, the direction is not a legislative instrument.

Immunities etc.

(6)

To avoid doubt, a person assisting an inspector is covered by paragraph 121(b) (immunity from criminal and civil proceedings).

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