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Anti-Personnel Mines Convention Bill 1998

Part 3 Powers of fact-finding missions

   

12   Appointment of inspectors

Members of fact-finding mission

             (1)  If a fact-finding mission to Australia is authorised under Article 8 of the Convention, the Minister must, by instrument in writing, appoint each member of the mission as an inspector.

Domestic inspectors

             (2)  The Minister may, by instrument in writing, appoint any of the following persons as an inspector:

                     (a)  a person who is appointed or employed by the Commonwealth;

                     (b)  a person who is appointed or employed by a State or Territory.

Note:          Inspectors appointed under subsection (2) are not part of fact-finding missions.

             (3)  In exercising powers or performing functions as an inspector, an inspector appointed under subsection (2) must comply with any directions of the Minister.

             (4)  A person appointed as an inspector under subsection (2) must not exercise powers or perform functions as an inspector unless the person is accompanied by an inspector appointed under subsection (1).

             (5)  Before exercising the power conferred by subsection (2), the Minister must consult the Minister for Defence.

Identity cards

             (6)  The Minister must issue an identity card to an inspector, in the form prescribed by the regulations. The identity card must contain a recent photograph of the inspector.

             (7)  A person is guilty of an offence if:

                     (a)  the person has been issued with an identity card; and

                     (b)  the person ceases to be an inspector; and

                     (c)  the person does not immediately return the identity card to the Minister.

Penalty:  1 penalty unit.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (8)  An inspector must carry the identity card at all times when exercising powers or performing functions as an inspector.

13   Conditions of appointment as an inspector

             (1)  An appointment of an inspector under subsection 12(1) is subject to such conditions (if any) as are specified in the instrument of appointment.

             (2)  The Minister must not impose any conditions under subsection (1) unless the Minister is satisfied that it is necessary to do so for:

                     (a)  the protection of sensitive equipment, information or areas; or

                     (b)  the physical protection and safety of the inspector.

             (3)  A condition of appointment may provide that the inspector is not authorised to enter specified premises.

Note:          For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901 .

             (4)  A condition of appointment may provide that the inspector is not authorised to exercise specified powers while on specified premises.

Note:          For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901 .

             (5)  Subsections (3) and (4) do not limit subsection (1).

             (6)  Before exercising a power conferred by this section, the Minister must consult the Minister for Defence.

14   Powers available to inspectors for monitoring compliance

             (1)  For the purpose of finding out whether the Convention has been complied with, an inspector may:

                     (a)  enter any premises; and

                     (b)  exercise the powers set out in subsection 16(1).

             (2)  An inspector is not authorised to enter premises under subsection (1) unless:

                     (a)  the occupier of the premises has consented to the entry; or

                     (b)  the entry is made under a warrant issued under section 20.

             (3)  This section has effect subject to section 13.

15   Inspector must produce identity card on request

                   An inspector is not entitled to exercise any powers under this Part in relation to premises if:

                     (a)  the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and

                     (b)  the inspector fails to comply with the requirement.

16   General powers of inspectors in relation to premises

             (1)  The powers an inspector may exercise under paragraph 14(1)(b) are as follows:

                     (a)  to search the premises and anything on the premises;

                     (b)  to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, anything on the premises that relates to an anti-personnel mine;

                     (c)  to take photographs or make video or audio recordings or sketches of the premises or anything on the premises;

                     (d)  if the inspector was only authorised to enter the premises because the occupier of the premises consented to the entry—to require the occupier to:

                              (i)  answer any questions put by the inspector; and

                             (ii)  produce any book, record or document requested by the inspector;

                     (e)  if the inspector was authorised to enter the premises by a warrant under section 20—to require any person in or on the premises to:

                              (i)  answer any questions put by the inspector; and

                             (ii)  produce any book, record or document requested by the inspector;

                      (f)  to inspect any book, record or document on the premises;

                     (g)  to take extracts from or make copies of any such book, record or document;

                     (h)  to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises.

             (2)  A person is guilty of an offence if:

                     (a)  the person is subject to a requirement covered by paragraph (1)(e); and

                     (b)  the person recklessly contravenes the requirement.

Penalty:  30 penalty units.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

17   Details of warrant to be given to occupier etc.

             (1)  If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the inspector must make available to that person a copy of the warrant.

             (2)  The inspector must identify himself or herself to that person.

             (3)  The copy of the warrant referred to in subsection (1) need not include the signature of the magistrate who issued the warrant.

18   Announcement before entry

             (1)  An inspector must, before entering the premises under a warrant:

                     (a)  announce that he or she is authorised to enter the premises; and

                     (b)  give any person at the premises an opportunity to allow entry to the premises.

             (2)  An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required:

                     (a)  to ensure the safety of a person; or

                     (b)  to prevent serious damage to the environment; or

                     (c)  to ensure that the effective execution of the warrant is not frustrated.

19   Occupier entitled to be present during search

             (1)  If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the person is entitled to observe the search being conducted.

             (2)  The right to observe the search being conducted ceases if the person impedes the search.

             (3)  This section does not prevent 2 or more areas of the premises being searched at the same time.

20   Monitoring warrants

             (1)  An inspector may apply to a magistrate for a warrant under this section in relation to premises.

             (2)  The magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that it is reasonably necessary that one or more inspectors should have access to the premises for the purposes of finding out whether the Convention has been complied with. This subsection has effect subject to subsection (3).

             (3)  The magistrate must not issue the warrant unless the inspector 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.

             (4)  The warrant must:

                     (a)  authorise one or more inspectors (whether or not named in the warrant), with such assistance and by such force as is necessary and reasonable:

                              (i)  to enter the premises; and

                             (ii)  to exercise the powers set out in subsection 16(1) in relation to the premises; and

                     (b)  state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

                     (c)  specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and

                     (d)  state the purpose for which the warrant is issued.

21   Offences relating to warrants

                   A person is guilty of an offence if:

                     (a)  the person makes a statement in an application for a warrant under section 20; and

                     (b)  the statement is false or misleading in a material particular.

Penalty:  Imprisonment for 2 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.