33Compliance audits

33 Compliance audits

(1) For the purposes of finding out if the appropriate legislation is being complied with, a compliance auditor may: (a) enter premises connected with, or used for the purposes of, activities carried on in relation to, or in relation to any matter incidental to, the transport of Commonwealth explosives by road or rail, or where any documents relating to those activities are kept; and (b) conduct an audit by way of an examination or review of any aspect of those activities. (2) However, a compliance auditor is not authorised to enter premises unless: (a) the auditor produces the auditor’s identity card for inspection by the occupier of the premises; and (b) the occupier of the premises has consented to the entry. (3) In conducting the audit, the compliance auditor may exercise the following powers: (a) the power to inspect the premises or anything found there that is connected with, or has been, is being or is likely to be used for the purposes of, the transport of Commonwealth explosives by road or rail; (b) the power to take copies of or extracts from any documents inspected under paragraph (a); (c) the power to take measurements of anything in or on the premises concerning the explosives; (d) the power to make sketches or take photographs of anything in or on the premises concerning the explosives. (4) Nothing in this section authorises a compliance auditor: (a) to use force to any extent for the purpose of conducting the audit; or (b) to conduct the audit against the expressed wishes of the occupier. (5) A compliance auditor must, within 14 days after completing an audit, give to the Competent Authority a written report of the audit setting out the results of the audit. (6) In this section:

appropriate legislation means Part 2 of this instrument or orders made under paragraph 44(1)(a) or (b).

occupier, in relation to a vehicle, means the person in charge or apparently in charge of the vehicle.

premises includes any place, whether enclosed, built on or not, any vehicle and any part of premises.

Note: Penalties for a failure to comply with subsection (2), (4) or (5) of this section are set by section 20 of the Act.