Document ID: chunk:federal_register_of_legislation:C2024C00557:section:86k
Version: federal_register_of_legislation:C2024C00557
Segment Type: section
Provision Reference: s 86K
Character Range: 321947–324666

86K  Additional functions of the Inspector‑General
 (1) The Inspector‑General has, in connection with:
 (a) the performance of the Inspector‑General's functions and duties under this Part; and
 (b) the exercise of the Inspector‑General's powers under this Part;
such powers in a Basin State that is a referring State, or in the Australian Capital Territory, as the Inspector‑General has in connection with the performance of the Inspector‑General's other functions under this Act.
 (2) The application of subsection (1) to the Inspector‑General's powers under Part 10AA in relation to premises in, or information held in, a referring State or the Australian Capital Territory is not limited by subsection 223(1) or 238(1).
 (3) Part 10AA applies as if:
 (a) for the purposes of Subdivision B of Division 1 of that Part, a reference in the definition of evidential material in subsection 4(1) to a designated compliance provision included a reference to a provision of this Part or regulations made for the purposes of this Part; and
 (b) a reference in Subdivision B of Division 1 and Division 3 of that Part to a designated compliance provision included a reference to a provision of this Part or regulations made for the purposes of this Part.
 (4) However, an authorised compliance officer must not:
 (a) enter premises under Subdivision B of Division 1 of Part 10AA as applied by this section; or
 (b) exercise any of the powers under that Subdivision;
except:
 (c) to the extent that this is reasonably necessary for any of the following purposes:
 (i) determining whether a provision of this Part or regulations made for the purposes of this Part has been, or is being, complied with;
 (ii) determining whether information given in compliance, or purported compliance, with section 222D, in its application under section 86J, is correct;
 (iii) determining whether information given in compliance, or purported compliance, with section 238, as applied by this section, is correct; or
 (d) if the authorised compliance officer has reasonable grounds for suspecting that there may be evidential material on the premises relating to a possible contravention of a provision of this Part or regulations made for the purposes of this Part.
 (5) Also, the Inspector‑General must not require a person to give information under Division 3 of Part 10AA as applied by this section unless the Inspector‑General has reason to believe that information relating to a matter that is relevant to the performance of the Inspector‑General's functions or duties, or the exercise of the Inspector‑General's powers, under this Part is in the person's possession, custody or control (whether held electronically or in any other form).