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CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 46

Challenge inspection powers

  (1)   A reference in this Division to a challenge inspection power is a reference to a power to:

  (a)   search premises that comprise a challenge inspection site; or

  (b)   take photographs (including video recordings), or make sketches, of the site or of equipment or any other matter or thing on or in the site; or

  (c)   monitor the exit of all vessels, aircraft or vehicles (other than personnel or personal vehicles) leaving the site; or

  (d)   inspect or examine a matter or thing; or

  (e)   take samples of a matter or thing; or

  (f)   measure a matter or thing; or

  (g)   examine a document (including a record kept under this Act or the regulations or under a condition of a permit); or

  (h)   take extracts from, or make copies of, a document (including a record of a kind referred to in paragraph   (g)); or

  (i)   verify the proper functioning or calibration of any equipment (including any equipment that forms part of on - site monitoring equipment); or

  (j)   install and operate on - site monitoring equipment; or

  (k)   question personnel working on the site for the purposes of this Act; or

  (l)   operate equipment, including electronic equipment, located at the site, if the national inspector believes, on reasonable grounds, that the equipment can be operated without damaging it; or

  (m)   take onto the site any equipment or material that is approved by the Organization and that is reasonably required for the purpose of exercising a power under any of the above paragraphs; or

  (n)   do any other act or thing necessary or convenient to be done in order to carry out a challenge inspection in accordance with Article IX of the Convention.

  (2)   A power referred to in paragraph   (1)(a), (b), (c), (d), (e), (f), (i), (j), (l), (m) or (n) may only be exercised in a manner that the national inspector believes, on reasonable grounds, to be in accordance with safety procedures applicable at the challenge inspection site.



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