Document ID: chunk:federal_register_of_legislation:C2021A00073:clause:2_49
Version: federal_register_of_legislation:C2021A00073
Segment Type: clause
Provision Reference: sch 2 cl 49
Character Range: 27155–28575

49  Additional monitoring and investigation powers—production of transit permits
 (1) For the purposes of paragraph 44(2)(e) or 46(2)(e), the powers under Part 2 or 3 of the Regulatory Powers Act include the powers in this section if an authorised person acting under that Part has reasonable grounds for suspecting that a person (the suspected person):
 (a) intends to carry out a transit proposal; or
 (b) is carrying out a transit proposal; or
 (c) has carried out a transit proposal.
 (2) The authorised person may require the suspected person to produce, or to produce evidence of the existence and contents of:
 (a) a transit permit authorising the carrying out of the transit proposal; or
 (b) a notification in force under subsection 33G(1) that a transit permit is not required for the transit proposal.

Complying with requirement
 (3) A person contravenes this subsection if:
 (a) the person is subject to a requirement under subsection (2); and
 (b) the person fails to comply with the requirement.
Note: An example of failing to comply with a requirement is refusing to comply with it.

Strict liability offence
 (4) A person commits an offence of strict liability if the person contravenes subsection (3).
Penalty: 30 penalty units.

Civil penalty provision
 (5) A person is liable to a civil penalty if the person contravenes subsection (3).
Civil penalty: 240 penalty units.

Subdivision B—Audit powers