40Entry, and exercise of powers, for monitoring purposes

40 Entry, and exercise of powers, for monitoring purposes

(1) An inspector may, at any time, enter a monitoring area, and exercise the monitoring powers, for the purposes of: (a) determining whether this Act has been, or is being, complied with; or (b) determining whether information provided under, or for the purposes of, this Act is correct; or (c) investigating a nuclear safety incident if, at the time the inspector enters the monitoring area or exercises a monitoring power (other than under subsection 42(1)) in relation to the monitoring area, the inspector does not reasonably suspect that the incident involves a contravention of an offence provision, or a civil penalty provision, of this Act.

Note 1: A reference in this Part to entering a monitoring area includes a reference to boarding an Australian submarine or another vessel (see section 93).

Note 2: The monitoring powers are set out in section 41 and subsection 42(1).

Entry with or without consent (2) An inspector may enter a monitoring area under subsection (1) with or without the consent of any relevant person in relation to the monitoring area.

Note: For the definition of relevant person in relation to a monitoring area, see subsection 5(1).

Entry without a warrant (3) To avoid doubt, an inspector may enter a monitoring area, and exercise monitoring powers, in accordance with subsection (1) without a warrant.