Document ID: chunk:federal_register_of_legislation:C2024A00091:section:40
Version: federal_register_of_legislation:C2024A00091
Segment Type: section
Provision Reference: s 40
Character Range: 64153–65557

40  Entry, and exercise of powers, for monitoring purposes
 (1) An inspector may, at any time, enter a monitoring area, and exercise the monitoring powers, for the purposes of:
 (a) determining whether this Act has been, or is being, complied with; or
 (b) determining whether information provided under, or for the purposes of, this Act is correct; or
 (c) investigating a nuclear safety incident if, at the time the inspector enters the monitoring area or exercises a monitoring power (other than under subsection 42(1)) in relation to the monitoring area, the inspector does not reasonably suspect that the incident involves a contravention of an offence provision, or a civil penalty provision, of this Act.
Note 1: A reference in this Part to entering a monitoring area includes a reference to boarding an Australian submarine or another vessel (see section 93).
Note 2: The monitoring powers are set out in section 41 and subsection 42(1).

Entry with or without consent
 (2) An inspector may enter a monitoring area under subsection (1) with or without the consent of any relevant person in relation to the monitoring area.
Note: For the definition of relevant person in relation to a monitoring area, see subsection 5(1).

Entry without a warrant
 (3) To avoid doubt, an inspector may enter a monitoring area, and exercise monitoring powers, in accordance with subsection (1) without a warrant.