Document ID: chunk:federal_register_of_legislation:C2019C00013:section:15
Version: federal_register_of_legislation:C2019C00013
Segment Type: section
Provision Reference: s 15
Character Range: 19624–21160

15  Observers
 (1) If:
 (a) the Minister is satisfied that a person has, in accordance with the Treaty, been proposed by a State Party as an observer in relation to an on‑site inspection; and
 (b) the Minister decides to accept the person as such an observer;
the Minister must, in writing, declare the person to be an observer for the purposes of this Act.
 (2) The Minister must give the person a copy of the declaration.
 (3) An observer may accompany an Organization inspector while the Organization inspector is exercising any on‑site inspection powers in relation to premises in an inspection area.
 (4) However, an observer is not entitled to enter premises in an inspection area, or any particular part of the premises, if the occupier of the premises has informed the Director, in writing, that the observer is to be excluded from the premises or from that part of the premises. If the occupier so informs the Director, the Director must inform the observer to that effect in writing.
 (5) An observer is not entitled to enter premises in an inspection area or to observe an Organization inspector exercising on‑site inspection powers if:
 (a) the occupier of the premises has required the observer to show written proof of his or her identity; and
 (b) the observer fails to comply with the requirement.
 (6) If the conditions in subsection (1) cease to be satisfied, the Minister must, in writing, revoke the declaration.
 (7) The Minister must give the person a copy of the revocation.

Division 3—Clarification procedures