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HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989 - SECT 46

Modifications of investigation powers

Additional investigation powers

  (1)   The additional powers mentioned in subsection   (2) are taken to be included in the investigation powers under Part   3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection   45(1) of this Act.

  (2)   The additional investigation powers are:

  (a)   the power to sample any thing in a searchable place entered under Part   3 of the Regulatory Powers Act; and

  (b)   the power to remove, test and analyse such samples; and

  (c)   the power to secure a searchable place entered under Part   3 of the Regulatory Powers Act; and

  (d)   the power to secure things in a searchable place entered under Part   3 of the Regulatory Powers Act for the purposes of sampling, testing or analysing those things; and

  (e)   the powers set out in sections   47, 48 and 49 of this Act.

Premises

  (3)   Part   3 of the Regulatory Powers Act applies in relation to evidential material that relates to a provision mentioned in subsection   45(1) of this Act as if a reference in that Part to "premises" were a reference to "searchable place" as defined in section   4 of this Act.

Occupier

  (4)   Part   3 of the Regulatory Powers Act applies in relation to evidential material that relates to a provision mentioned in subsection   45(1) of this Act as if a reference in that Part to "occupier" were a reference to "relevant authority" as defined in section   4 of this Act.

Stopping or detaining a vessel, aircraft or vehicle

  (5)   If an authorised person is authorised under section   48 of the Regulatory Powers Act, as it applies in relation to evidential material that relates to a provision mentioned in subsection   45(1) of this Act, to enter a searchable place that is a vessel, aircraft or vehicle, the investigation powers under Part   3 of the Regulatory Powers Act are taken to include a power that the authorised person may stop and detain the vessel, aircraft or vehicle for the purposes of:

  (a)   entering the vessel, aircraft or vehicle; and

  (b)   exercising investigation powers under that Part.

Use of force in executing an investigation warrant

  (6)   In executing an investigation warrant under Part   3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection   45(1) of this Act:

  (a)   an authorised person may use such force against things as is necessary and reasonable in the circumstances; and

  (b)   a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.



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