Document ID: chunk:federal_register_of_legislation:C2024C00489:section:44:p1
Version: federal_register_of_legislation:C2024C00489
Segment Type: section
Provision Reference: s 44 (pt 1/2)
Character Range: 151308–153997

44  Modifications of monitoring powers

Additional monitoring powers
 (1) For the purposes of determining:
 (a) whether a provision mentioned in subsection 43(1) has been, or is being, complied with; or
 (b) the correctness of information mentioned in subsection 43(2);
the additional powers mentioned in subsection (2) of this section are taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.
 (2) The additional monitoring powers are:
 (a) the power to sample any thing in a searchable place entered under Part 2 of the Regulatory Powers Act; and
 (b) the power to remove, test and analyse such samples; and
 (c) the power to secure a searchable place entered under Part 2 of the Regulatory Powers Act; and
 (d) the power to secure things in a searchable place entered under Part 2 of the Regulatory Powers Act for the purposes of sampling, testing or analysing those things; and
 (e) the powers set out in sections 47, 48 and 49 of this Act.

Premises
 (3) Part 2 of the Regulatory Powers Act applies in relation to the provisions mentioned in subsection 43(1) of this Act, and the information mentioned in subsection 43(2) of this Act, as if a reference in that Part to "premises" were a reference to "searchable place" as defined in section 4 of this Act.

Occupier
 (4) Part 2 of the Regulatory Powers Act applies in relation to the provisions mentioned in subsection 43(1) of this Act, and the information mentioned in subsection 43(2) of this Act, as if a reference in that Part to "occupier" were a reference to "relevant authority" as defined in section 4 of this Act.

Stopping or detaining a vessel, aircraft or vehicle
 (5) If an authorised person is authorised under section 18 of the Regulatory Powers Act, as it applies in relation to:
 (a) a provision mentioned in subsection 43(1) of this Act; and
 (b) information mentioned in subsection 43(2) of this Act;
to enter a searchable place that is a vessel, aircraft or vehicle, the monitoring powers under Part 2 of the Regulatory Powers Act are taken to include a power that the authorised person may stop and detain the vessel, aircraft or vehicle for the purposes of:
 (c) entering the vessel, aircraft or vehicle; and
 (d) exercising monitoring powers under that Part.

Announcement before entry under a warrant
 (6) For the purposes of determining:
 (a) whether a provision mentioned in subsection 43(1) has been, or is being, complied with; or
 (b) the correctness of information mentioned in subsection 43(2);
paragraph 26(b) of the Regulatory Powers Act is taken not to apply to an authorised person if the authorised person reasonably believes that showing the authorised person's