86Appointment of inspectors

86 Appointment of inspectors

(1) The Director‑General may, by written instrument, appoint an individual to be an Australian Naval Nuclear Power Safety Inspector (an inspector) for the purposes of exercising all, or specified, powers of an inspector under this Part.

Note: An inspector appointed under this section is a member of the Regulator (see section 101).

(2) An individual must not be appointed as an inspector unless the Director‑General is satisfied that the individual: (a) has the competence, technical expertise and relevant experience to properly exercise the powers of an inspector; and (b) will be able to properly exercise the powers of an inspector having regard to the security of naval nuclear propulsion information. (3) The instrument of appointment may specify: (a) the terms and conditions of the inspector’s appointment; and (b) the powers under this Part that the inspector may exercise. (4) In exercising powers as an inspector, an inspector must comply with any written directions of the Director‑General.

Note: See sections 104 and 120 in relation to the independence of:

(a) the Regulator; and
(b) members of the Regulator who are also members of the Australian Defence Force.

(5) The Director‑General must keep a record of appointments made under subsection (1). (6) The following are not legislative instruments: (a) a direction made under subsection (4); (b) a record kept under subsection (5).