Document ID: chunk:federal_register_of_legislation:C2024C00434:section:46
Version: federal_register_of_legislation:C2024C00434
Segment Type: section
Provision Reference: s 46
Character Range: 68774–70717

46  Challenge inspection powers
 (1) A reference in this Division to a challenge inspection power is a reference to a power to:
 (a) search premises that comprise a challenge inspection site; or
 (b) take photographs (including video recordings), or make sketches, of the site or of equipment or any other matter or thing on or in the site; or
 (c) monitor the exit of all vessels, aircraft or vehicles (other than personnel or personal vehicles) leaving the site; or
 (d) inspect or examine a matter or thing; or
 (e) take samples of a matter or thing; or
 (f) measure a matter or thing; or
 (g) examine a document (including a record kept under this Act or the regulations or under a condition of a permit); or
 (h) take extracts from, or make copies of, a document (including a record of a kind referred to in paragraph (g)); or
 (i) verify the proper functioning or calibration of any equipment (including any equipment that forms part of on‑site monitoring equipment); or
 (j) install and operate on‑site monitoring equipment; or
 (k) question personnel working on the site for the purposes of this Act; or
 (l) operate equipment, including electronic equipment, located at the site, if the national inspector believes, on reasonable grounds, that the equipment can be operated without damaging it; or
 (m) take onto the site any equipment or material that is approved by the Organization and that is reasonably required for the purpose of exercising a power under any of the above paragraphs; or
 (n) do any other act or thing necessary or convenient to be done in order to carry out a challenge inspection in accordance with Article IX of the Convention.
 (2) A power referred to in paragraph (1)(a), (b), (c), (d), (e), (f), (i), (j), (l), (m) or (n) may only be exercised in a manner that the national inspector believes, on reasonable grounds, to be in accordance with safety procedures applicable at the challenge inspection site.