Document ID: chunk:federal_register_of_legislation:C2009A00102:clause:1_780f:p1
Version: federal_register_of_legislation:C2009A00102
Segment Type: clause
Provision Reference: sch 1 cl 780F (pt 1/2)
Character Range: 33098–35841

780F  Conferral of inspection powers
 (1) The Secretary of the Department may, in writing, determine that a specified person, or a person included in a specified class of persons, who is engaged by the Commonwealth to assist with the conduct of a Commission of inquiry has all the functions and powers of, or specified functions and/or powers of:
 (a) a petroleum project inspector (other than a Greater Sunrise visiting inspector); and
 (b) a Greater Sunrise visiting inspector; and
 (c) a greenhouse gas project inspector; and
 (d) an OHS inspector;
under this Act and the regulations.
 (2) The person is taken, for the purposes of this Act and the regulations, to be:
 (a) a petroleum project inspector (other than a Greater Sunrise visiting inspector); or
 (b) a Greater Sunrise visiting inspector; or
 (c) a greenhouse gas project inspector; or
 (d) an OHS inspector;
as the case may be, in connection with the performance of those functions and the exercise of those powers.
 (3) In performing those functions and exercising those powers, the person:
 (a) is subject to the directions of the Commissioner; and
 (b) is not subject to the directions of:
 (i) the Secretary of the Department; or
 (ii) a Designated Authority; or
 (iii) the responsible Commonwealth Minister; or
 (iv) the Safety Authority.

Identity cards
 (4) The Secretary of the Department must issue an identity card to the person. The identity card must:
 (a) specify the Commission of inquiry concerned; and
 (b) contain a recent photograph of the person.
 (5) A person commits an offence if:
 (a) the person has been issued with an identity card; and
 (b) the person ceases to be subject to a determination under subsection (1); and
 (c) the person does not immediately return the identity card to:
 (i) the Secretary of the Department; or
 (ii) if the Secretary of the Department, by written notice given to the person, specifies another person to whom the card is to be returned—that other person.
Penalty: 5 penalty units.
 (6) Subsection (5) does not apply if the identity card was lost or destroyed.
Note: The defendant bears an evidential burden in relation to the matter in this subsection—see subsection 13.3(3) of the Criminal Code.
 (7) A person who is subject to a determination under subsection (1) must carry the identity card at all times when exercising powers, or performing functions, under this Act or the regulations as:
 (a) a petroleum project inspector (other than a Greater Sunrise visiting inspector); or
 (b) a Greater Sunrise visiting inspector; or
 (c) a greenhouse gas project inspector; or
 (d) an OHS inspector.
 (8) Subsections 600(6), 606(5) and 681(5) do not apply to a person who is subject to a determination under subsection (1) if