sec.378Powers exercisable in course of inspection

sec.378 Powers exercisable in course of inspection

If an inspector may carry out a compliance inspection, the inspector may do anything that is reasonable and necessary to carry out the inspection. Without limiting subsection (1) , the inspector may— examine things that are being used for exploration or mining purposes and things that appear to the inspector to be intended to be used for those purposes; and test equipment, including, for example, by operating it; and examine and copy documents; and remove documents; and take photographs and videotapes; and examine, and take samples from, the seabed or subsoil; and enter or go onto any land, building or structure, subject to sections 379 to 384 ; and enter or board any vehicle, vessel or aircraft, subject to sections 379 to 384 . If the compliance inspection is being carried out under a warrant under section 382 , subsection (2) has effect subject to the restrictions that are specified in the warrant. Subject to subsections (5) and (6) , if an inspector removes a document under subsection (2) (d) , the inspector may retain the document for as long as is necessary to decide whether the tenure holder, the consent holder or the associate has complied with or is complying with— this Act and the regulations; or the tenure or consent conditions; or a direction under section 387 or 392 . Subject to subsection (6) , the inspector must not retain the document for more than 60 days. If— a proceeding for an offence against a provision of this Act or the regulations is commenced within that period of 60 days; and the document may be evidence of the commission of the offence; the inspector may retain the document until the proceeding is completed. For subsection (6) , the proceeding for an offence is taken to include any appeal to the Wardens Court in relation to the proceeding. While an inspector is retaining the document under subsection (4) , the inspector must allow a person to inspect the document if the person would have a right to inspect the document if it were not in the inspector’s possession. (sec.378-ssec.1) If an inspector may carry out a compliance inspection, the inspector may do anything that is reasonable and necessary to carry out the inspection. (sec.378-ssec.2) Without limiting subsection (1) , the inspector may— examine things that are being used for exploration or mining purposes and things that appear to the inspector to be intended to be used for those purposes; and test equipment, including, for example, by operating it; and examine and copy documents; and remove documents; and take photographs and videotapes; and examine, and take samples from, the seabed or subsoil; and enter or go onto any land, building or structure, subject to sections 379 to 384 ; and enter or board any vehicle, vessel or aircraft, subject to sections 379 to 384 . (sec.378-ssec.3) If the compliance inspection is being carried out under a warrant under section 382 , subsection (2) has effect subject to the restrictions that are specified in the warrant. (sec.378-ssec.4) Subject to subsections (5) and (6) , if an inspector removes a document under subsection (2) (d) , the inspector may retain the document for as long as is necessary to decide whether the tenure holder, the consent holder or the associate has complied with or is complying with— this Act and the regulations; or the tenure or consent conditions; or a direction under section 387 or 392 . (sec.378-ssec.5) Subject to subsection (6) , the inspector must not retain the document for more than 60 days. (sec.378-ssec.6) If— a proceeding for an offence against a provision of this Act or the regulations is commenced within that period of 60 days; and the document may be evidence of the commission of the offence; the inspector may retain the document until the proceeding is completed. (sec.378-ssec.7) For subsection (6) , the proceeding for an offence is taken to include any appeal to the Wardens Court in relation to the proceeding. (sec.378-ssec.8) While an inspector is retaining the document under subsection (4) , the inspector must allow a person to inspect the document if the person would have a right to inspect the document if it were not in the inspector’s possession.