Document ID: chunk:federal_register_of_legislation:F2020C00489:reg:9
Version: federal_register_of_legislation:F2020C00489
Segment Type: reg
Provision Reference: reg 9
Character Range: 23848–26203

9  Clarification procedures—subsection 49(10) inspections
 (1) For subsection 49(10) of the Act, this regulation sets out modifications of challenge inspection procedures applicable to an inspection of premises by consent.
Note: Under subsection 49(10), the Director may determine that 1 or more of the listed modifications are to apply to an inspection.
 (2) The modifications are to apply only to the extent that they do not reduce the rights, under the Act, of the occupier of the premises.
 (3) The modifications are as follows:
 (a) the time limits for the giving of access set out in paragraphs 14, 18, 19, 39 and 43 of Part X of the Verification Annex of the Convention are taken to be omitted;
 (b) the exit monitoring provisions set out in paragraph 46(1)(c) of the Act and in paragraphs 23 to 31 (inclusive) of Part X of the Verification Annex of the Convention are taken to be omitted;
 (c) the provisions relating to access to declared facilities set out in paragraphs 15, 51 and 52 of Part X of the Verification Annex of the Convention are taken to be omitted;
 (d) the provisions relating to the perimeter of the site in Part X of the Verification Annex of the Convention are taken to be omitted;
 (e) the provisions relating to observers set out in paragraph 12 of Article IX and paragraphs 53 to 56 (inclusive) of Part X of the Verification Annex of the Convention are taken to be omitted;
 (f) the provisions relating to the inspection mandate in paragraph 18 of Article IX of the Convention are taken to be varied to require the inspection mandate to be agreed between the Director and the person holding an equivalent position in the State Party seeking clarification before the arrival of the foreign country inspectors in Australia;
 (g) paragraph 46(1)(b) of the Act is taken to be varied to exclude the power of a foreign country inspector to take photographs (including video recordings);
 (h) paragraph 46(1)(e) of the Act is taken to be varied to exclude the power of a foreign country inspector to remove samples from the premises;
 (i) paragraph 46(1)(g) of the Act is taken to be varied to exclude the power of a foreign country inspector to examine a document;
 (j) paragraph 46(1)(h) of the Act is taken to be varied to exclude the power of a foreign country inspector to take extracts from, or make copies of, a document.