Commonwealth Consolidated Acts

EXPORT CONTROL ACT 2020 - SECT 366

Authorised officers may be assisted by other persons

  (1)   An authorised officer may be assisted by other persons in exercising powers and performing functions or duties under Part   4, 5 or 6 if that assistance is necessary and reasonable. A person giving such assistance is a person assisting the authorised officer.

Powers of a person assisting the authorised officer

  (2)   A person assisting the authorised officer:

  (a)   may enter premises, if it is necessary for the authorised officer to enter those premises to exercise powers under Part   4, 5 or 6; and

  (b)   may exercise powers under those Parts for the purposes of assisting the authorised officer; and

  (c)   must enter premises and exercise powers in accordance with any direction given to the person assisting by the authorised officer.

Note 1:   Premises includes a conveyance (see paragraph   (a) of the definition of premises in section   12).

Note 2:   A person assisting an authorised officer who has entered premises under section   347   may use such force against things as is necessary and reasonable in the circumstances (see section   349).

Note 3:   A direction given under paragraph   (2)(c) in writing is not a legislative instrument (see subsection   309(4)).

Powers exercised in assisting an authorised officer

  (3)   A power exercised by a person in assisting an authorised officer as referred to in this section is taken for all purposes to have been exercised by the authorised officer.