Document ID: chunk:federal_register_of_legislation:C2024C00434:section:48
Version: federal_register_of_legislation:C2024C00434
Segment Type: section
Provision Reference: s 48
Character Range: 72390–73881

48  Observers
 (1) This section applies if the Minister is satisfied that a person has, in accordance with the Convention, been designated by a State Party as an observer in relation to a challenge inspection, for the purposes of this Act.
 (2) The Minister must, in writing, declare the person designated by the State Party to be an observer for the purposes of this Act.
 (3) If the Minister declares a person to be an observer, the Minister must give the person a copy of the declaration.
 (4) Subject to subsection (5), an observer for the purposes of this Act may accompany a national inspector and an Organization inspector while they are exercising any challenge powers in relation to a challenge inspection site for the purposes of this Act.
 (5) An observer is not entitled to enter a challenge inspection site, or any particular part of that site, if:
 (a) the occupier of the site has informed the Director, in writing, that the observer is to be excluded from the site or from that part of the site; and
 (b) the Director, by notice in writing given to the observer, informs the observer to that effect.
 (6) An observer is not entitled to enter a challenge inspection site or to observe a national inspector and an Organization inspector exercising challenge inspection powers if:
 (a) the occupier of the site has required the observer to produce written proof of his or her identity for inspection by the occupier; and
 (b) the observer fails to comply with the requirement.