PART V
INSPECTIONS
15.
—(1) The purpose of this Part is to facilitate inspection —
(a)
by national inspectors for a compliance purpose; and
(b)
by international inspectors in accordance with the Convention and any facility agreement.
(2) A reference in this section and in sections 16 and 21 to a compliance purpose is a reference to the purpose of —
(a)
determining whether the provisions of this Act have been or are being complied with at any premises;
(b)
determining whether the conditions applicable to a licence have been or are being complied with by the holder of a licence; or
(c)
ensuring the proper functioning at any premises of any monitoring equipment installed in the course of an international compliance inspection or under a facility agreement.
(3) A reference in sections 16, 18 and 21 to an inspection power is a reference to a power to —
(a)
search any premises;
(b)
inspect or examine a matter or thing;
(c)
take samples of a matter or thing;
(d)
measure a matter or thing;
(e)
examine a document (including a record kept in accordance with the requirements of this Act or the conditions of a licence);
(f)
take extracts from, or make copies of, a document (including a record of a kind referred to in paragraph (e));
(g)
interview any person working on the premises (including making sound recordings of such interviews);
(h)
operate any equipment, including electronic equipment, located at the premises if the person exercising the power believes, on reasonable grounds, that the equipment can be operated without damaging it;
(i)
operate any photographic or video-recording equipment anywhere in or around the premises;
(j)
do anything that is necessary or expedient for the carrying out of any of the acts referred to in paragraphs (a) to (i), including restricting or prohibiting the access of persons and vehicles to or from the premises.
16.
—(1) All authorised officers shall be national inspectors for the purposes of this Act.
(2) The Director may, from time to time, appoint in writing other persons to be national inspectors.
(3) A national inspector may —
(a)
with the consent of the person in control of any premises; or
(b)
under a warrant issued under section 21 in respect of any premises,
enter the premises and exercise, on or in the premises, any inspection power for a compliance purpose.
17. An international inspector may, with the consent of the person in control of any premises —
(a)
in respect of which any provision of Parts VI to IX of the Verification Annex to the Convention applies;
(b)
that is subject to an on-site challenge inspection referred to in paragraph 8 of Article IX of the Convention; or
(c)
in respect of which an investigation under paragraph 9 of Article X of the Convention has been initiated,
or under a warrant issued under section 22 in respect of the premises —
(i)
enter the premises;
(ii)
inspect the premises pursuant to the Convention and, in the case of any facility, any applicable facility agreement; and
(iii)
exercise, in connection with the inspection, any function contemplated, and power provided for, in the Convention and, in the case of any facility, any applicable facility agreement.
18.
—(1) In order to facilitate an inspection, an international inspector may be accompanied by one or more of the following persons:
(a)
an observer;
(b)
a national inspector.
(2) A national inspector may exercise any inspection power for the purposes of facilitating an inspection referred to in section 17.
(3) For the purposes of subsection (1)(a), “observer” means an observer referred to in paragraph 12 of Article IX of the Convention, and includes any person authorised by the Director to observe the inspection.
19.
—(1) The Director may, by notice in writing, issue directions to any person for the purpose of facilitating any inspection under this Part.
(2) Any person who wilfully fails to comply with any direction given by the Director under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.
20. The Director shall issue to every international inspector and national inspector a certificate identifying him as such international inspector or national inspector, as the case may be.
21.
—(1) A national inspector may apply for a warrant where the consent of the person in control of any premises to enter the premises to exercise any inspection powers for a compliance purpose cannot be obtained or where the person refuses to give such consent.
(2) Subject to subsection (3), a Magistrate who is satisfied that there are reasonable grounds for believing that —
(a)
entry to the premises is necessary to exercise any inspection power for a compliance purpose; and
(b)
the consent of the person who is in control of the premises cannot be obtained or such consent is refused,
may, unconditionally or subject to conditions, issue a warrant authorising the entry of the premises, at any time within 14 days of the issue of such warrant (or within such further time as may be specified in the warrant), by the national inspector for the purpose of exercising any inspection power for a compliance purpose.
(3) The national inspector applying for a warrant shall —
(a)
first make reasonable inquiries as to whether any other applications for such a warrant have been made in respect of the premises concerned, and (if so) the following matters:
(i)
the offence or offences (if any) alleged in respect of each application; and
(ii)
the results of each application; and
(b)
disclose on the application for the warrant the results of the inquiries.
22.
—(1) The Director may apply for a warrant on behalf of an international inspector or national inspector where the consent of the person who is in control of any premises to enter the premises for the purposes referred to in section 17 (ii) and (iii) cannot be obtained or where the person refuses to give such consent.
(2) Subject to subsection (3), a Magistrate who is satisfied that there are reasonable grounds for believing that —
(a)
the premises meets the conditions for entry described in section 17;
(b)
entry to the premises is necessary for the purposes referred to in section 17 (ii) and (iii); and
(c)
the consent of the person who is in control of the premises cannot be obtained or such consent is refused,
may issue, unconditionally or subject to conditions, a warrant authorising the entry of the premises, at any time within 14 days of the issue of the warrant (or within such further time as may be specified in the warrant) by the international inspector or national inspector for the purposes referred to in paragraph (b).
(3) The Director shall —
(a)
before applying for a warrant, make reasonable inquiries as to whether any other applications for such a warrant have been made in respect of the premises concerned, and (if so) the following matters:
(i)
the offence or offences (if any) alleged in respect of each application; and
(ii)
the results of each application; and
(b)
disclose on the application for the warrant the results of the inquiries.
23. If force is required to enter and inspect any premises specified in a warrant issued under section 21 or 22 (whether by breaking down a door or otherwise), or in breaking open anything in the premises, the person executing the warrant may use such force as is reasonable in the circumstances.
24.
—(1) Every national inspector shall —
(a)
carry his identification certificate; and
(b)
produce it to any person appearing to be in control of the premises entered —
(i)
on entering the premises (if such a person is then present); and
(ii)
at any reasonable time thereafter, if asked to do so by the person.
(2) Every national inspector shall —
(a)
if, at any time between the time of entry of any premises to be inspected and the time the inspection is completed, there is no person appearing to be in control of the premises, as soon as is practicable after completing the inspection give the occupier or person in control of the premises a written notice stating that the premises has been entered, and specifying the following matters:
(i)
the time and date of entry;
(ii)
the circumstances and purpose of entry; and
(iii)
the name of every person entering;
(b)
where applicable, have a warrant with him and produce it if required to do so; and
(c)
where any thing is seized, give the occupier or person in control of the premises a written inventory of all things so seized.
25.
—(1) Any person who wilfully obstructs, hinders, resists, or deceives any national inspector or international inspector who is exercising any function contemplated, or any power provided for, in this Part or the Convention or any applicable facility agreement shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both.
(2) Nothing in this section shall apply to a refusal to give consent to entry by a national inspector who is not acting pursuant to a warrant referred to in section 21 or 22.
(3) Nothing in this section shall apply to a refusal to give consent to entry by an international inspector who is not acting pursuant to a warrant referred to in section 22.