47Challenge inspections

47 Challenge inspections

(1) If Australia is informed of a challenge inspection of premises in Australia or an external Territory under Article IX of the Convention, the Minister may make a declaration in writing: (a) that the challenge inspection is a challenge inspection for the purposes of this Act; and (b) that the premises specified in the declaration are a challenge inspection site for the purposes of this Act. (2) A national inspector and an Organization inspector may, subject to any facility agreement or arrangements for managed access referred to in Division 7: (a) with the consent of the occupier of a challenge inspection site; or (b) under a warrant issued under section 52 in respect of a challenge inspection site; enter the premises comprising the challenge inspection site and exercise, on the site, any challenge inspection powers for a challenge inspection purpose. (3) Neither a national inspector nor an Organization inspector is entitled to exercise any powers in the circumstances referred to in paragraph (2)(a) in relation to a challenge inspection site if: (a) the occupier of the site has required the national inspector to produce his or her identity card and the Organization inspector to produce written proof of his or her identity for inspection by the occupier; and (b) either or both of the national inspector or the Organization inspector fail to comply with the requirement.

Note: For the obligations of a national inspector in relation to not delaying or otherwise hindering the carrying out of a challenge inspection, see section 95 of this Act and paragraph 41 of Part II of the Verification Annex to the Convention.