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EXPORT CONTROL ACT 2020 - SECT 346

Monitoring relevant premises

  (1)   An authorised officer may enter relevant premises for the purposes of:

  (a)   determining whether this Act has been, or is being, complied with; or

  (b)   determining whether information provided for the purposes of this Act is correct.

Note:   The expression this Act includes the Regulatory Powers Act as it applies in relation to this Act (see the definition of this Act in section   12).

  (2)   The authorised officer may enter the premises during the business hours of the premises.

Note:   For the obligations and powers of authorised officers entering premises under this section, see Division   3.

  (3)   Subdivision A of Division   2 of Part   2, and section   29, of the Regulatory Powers Act apply in accordance with Part   2 of this Chapter as if:

  (a)   entry to the premises were made under section   18 of the Regulatory Powers Act under a monitoring warrant; and

  (b)   for the purposes of those provisions of the Regulatory Powers Act, relevant data included information relevant to deciding whether to exercise a power under this Act.

Note 1:   Subdivision A of Division   2 of Part   2, and section   29, of the Regulatory Powers Act are about monitoring powers and compensation for damage to electronic equipment operated under those powers.

Note 2:   Part   2 of this Chapter expands the monitoring powers under Subdivision A of Division   2 of Part   2 of the Regulatory Powers Act.

  (4)   The application of Subdivision A of Division   2 of Part   2, and section   29, of the Regulatory Powers Act under subsection   (3) of this section is in addition to their application under Part   2 of this Chapter.

  (5)   If the relevant premises are a conveyance, an authorised officer may stop and detain the conveyance for the purpose of exercising any of the monitoring powers under Subdivision A of Division   2 of Part   2 of the Regulatory Powers Act as it applies in accordance with Part   2 of this Chapter and subsection   (3) of this section.



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