Document ID: chunk:federal_register_of_legislation:F2017L00655:body:0:p3
Version: federal_register_of_legislation:F2017L00655
Segment Type: other
Provision Reference: 
Character Range: 5363–8312

that Federal Safety Officer must, before taking any steps to do so, consult the Federal Safety Commissioner about the Federal Safety Officer's intention to take samples of any goods or substances.

11 Entry onto premises under subparagraph 72(2)(b)(ii)
    (1)    Subject to any direction issued by the Federal Safety Commissioner under subsection 68(5) of the Act that relates to the particular case, before a Federal Safety Officer exercises the power to enter premises under subparagraph 72(2)(b)(ii) of the Act, that Federal Safety Officer must:
         (a)    at least five 5 business days before the proposed entry onto the premises is to occur, notify the Federal Safety Commissioner in writing of the proposed entry, setting out the location of the premises, the date and approximate time of the proposed entry, and the identity of the person or persons on the premises who the Federal Safety Officer believes has or have information relevant to compliance purposes; and
         (b)    if required by the Federal Safety Commissioner, consult with the Federal Safety Commissioner before entering onto the premises.
    (2)    Subject to any direction issued by the Federal Safety Commissioner under subsection 68(5) of the Act that relates to the particular case, before a Federal Safety Officer interviews a person under subsection 74(2) of the Act, that Federal Safety Officer must:
         (a)    notify the Federal Safety Commissioner of that Federal Safety Officer's intention to conduct the interview, identifying the persons to be interviewed and the subject matter of the interview;
         (b)    if required by the Federal Safety Commissioner, consult with the Federal Safety Commissioner before conducting the interview.

12 Emergency Situations
    If, in the course of his or her duties as a Federal Safety Officer, a Federal Safety Officer becomes aware of circumstances on premises where building work is being carried out that represent an immediate threat to the health or safety of persons on those premises, that Federal Safety Officer must immediately notify the Federal Safety Commissioner, or other such persons as requested by the Federal Safety Commissioner, of those circumstances.

13 Conflicts of interest and disclosure
    (1)    If a Federal Safety Officer is aware, or becomes aware, of any direct or indirect pecuniary interest, fact or thing that could:
         (a)    cause that Federal Safety Officer to fail to properly exercise a power or perform a function under the Act; or
         (b)    create a reasonable belief that the Federal Safety Officer might fail to properly exercise a power or perform a function under the Act,
    that Federal Safety Officer must notify the Federal Safety Commissioner immediately of the relevant interest, fact or thing and disclose to the Commissioner the full details of that interest, fact or thing.
    (2)     Examples of interests, facts or things that could