Document ID: chunk:federal_register_of_legislation:C2018C00435:clause:7_30
Version: federal_register_of_legislation:C2018C00435
Segment Type: clause
Provision Reference: sch 7 cl 30
Character Range: 54714–56756

30  Section 81
Omit:

      Division 4 (monitoring) authorises a GEMS inspector to enter premises and exercise a range of powers (monitoring powers) for the purposes of monitoring compliance with this Act. An inspector may do so with the occupier's consent or under a monitoring warrant (issued by a magistrate or judge (an issuing officer)). If evidence of a contravention of this Act is found, the inspector may secure the evidence for up to 24 hours (or for an extended period authorised by an issuing officer).
      Division 5 (investigation) authorises a GEMS inspector to enter premises and exercise a range of powers (investigation powers) if the inspector has reasonable grounds for suspecting that there is something on the premises that is connected with a contravention of this Act. An inspector may enter the premises with the occupier's consent or under an investigation warrant issued by an issuing officer. An investigation warrant also authorises the inspector to seize that thing, or similar things, as specified in the warrant.
      Division 6 contains rules relevant to both monitoring and investigation, such as the obligations and other powers of GEMS inspectors when entering premises, and the rights and responsibilities of occupiers.
substitute:

      Division 4 applies the Regulatory Powers Act to allow GEMS inspectors to enter premises under a monitoring warrant or with consent of the occupier and to exercise monitoring powers there under that Act, for the purposes of determining:
             (a) whether this Act has been, or is being, complied with; or
             (b) whether information given in compliance or purported compliance with this Act is correct.
      Division 5 applies the Regulatory Powers Act to allow GEMS inspectors to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers there under that Act, for the purposes of gathering material that relates to the contravention of offence and civil penalty provisions in this Act.