59Safeguards inspections by inspectors

#### 59 Safeguards inspections by inspectors (1) A reference in this section to a relevant safeguards purpose shall be read as a reference to the purpose of: (a) ascertaining whether the provisions of this Act and the regulations have been or are being complied with; or (b) ascertaining whether the restrictions and conditions applicable to a permit or authority have been or are being complied with by the person to whom the permit or authority was granted; or (c) ascertaining whether orders made and directions given under section 73 have been or are being complied with; or (d) ensuring the proper functioning of containment devices and surveillance devices; or (e) facilitating an inspection by an Agency inspector in accordance with the Agency Agreement or a Supplementary Agency Agreement; or (f) ascertaining whether the construction of a facility described in paragraph 28A(1)(a) has been or is being carried out in accordance with information provided to the Director under this Act in relation to the construction; or (fa) ascertaining whether the modification of a nuclear facility has been or is being carried out in accordance with information provided to the Director under section 29 in relation to the modification; or (fb) ascertaining whether the decommissioning of a facility described in paragraph 28A(1)(a) has been or is being carried out in accordance with information provided to the Director under this Act in relation to the decommissioning; or (g) doing any act or thing authorised by an authority given pursuant to paragraph 67(1)(d) or 68(1)(e). (2) A reference in this section to a relevant power shall be read as a reference to a power to: (a) search land or premises or a vessel, aircraft or vehicle; (b) inspect or examine a matter or thing; (c) take samples of a matter or thing; (d) examine a document (including a record kept pursuant to this Act or the regulations, pursuant to a condition of a permit or authority or pursuant to an order or direction under section 73); (e) take extracts from, or make copies of, a document (including a record of the kind referred to in paragraph (d)); (f) measure any quantity of nuclear material or associated material; (g) verify the proper functioning or calibration of an instrument (including an instrument that forms part of a containment device or surveillance device); (h) install or operate a containment device or surveillance device; or (j) do any other act or thing necessary or convenient to be done in order to achieve a relevant safeguards purpose. (3) An inspector may: (a) with the consent of the occupier of any land or premises; (b) in accordance with an agreement, whether oral or in writing, between the Director and the occupier of any land or premises; or (c) pursuant to a warrant issued under subsection (6) in respect of any land or premises; enter upon the land, or upon or into the premises, and exercise any relevant power for a relevant safeguards purpose. (4) An inspector may: (a) with the consent of the person in control of any vessel, aircraft or vehicle; or (b) pursuant to a warrant issued under subsection (6) in respect of any vessel, aircraft or vehicle; enter the vessel, aircraft or vehicle and exercise any relevant power for a relevant safeguards purpose. (5) Where an inspector may enter a vessel, aircraft or vehicle under subsection (4), the inspector may, for that purpose and for the purpose of exercising a relevant power for a relevant safeguards purpose, stop and detain the vessel, aircraft or vehicle. (6) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for an inspector having access to any land, premises, vessel, aircraft or vehicle, in order to exercise relevant powers in relation to the land, premises, vessel, aircraft or vehicle for relevant safeguards purposes, and the information sets out those grounds, the Magistrate may issue a warrant authorising an inspector named in the warrant, with such assistance as the inspector thinks necessary, and if necessary by force: (a) to enter upon the land or upon or into the premises, vessel, aircraft or vehicle; and (b) to exercise relevant powers in relation to the land, premises, vessel, aircraft or vehicle, as the case requires, for relevant safeguards purposes specified in the warrant. (7) A Magistrate shall not issue a warrant under subsection (6) unless: (a) the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and (b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant. (8) There shall be stated in a warrant issued under subsection (6): (a) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and (b) a day, not being later than one month after the day of issue of the warrant, upon which the warrant ceases to have effect.