Commonwealth Consolidated Acts

WATER ACT 2007 - SECT 86K

  (1)   The Inspector - General has, in connection with:

  (a)   the performance of the Inspector - General's functions and duties under this Part; and

  (b)   the exercise of the Inspector - General's powers under this Part;

such powers in a Basin State that is a referring State, or in the Australian Capital Territory, as the Inspector - General has in connection with the performance of the Inspector - General's other functions under this Act.

  (2)   The application of subsection   (1) to the Inspector - General's powers under Part   10AA in relation to premises in, or information held in, a referring State or the Australian Capital Territory is not limited by subsection   223(1) or 238(1).

  (3)   Part   10AA applies as if:

  (a)   for the purposes of Subdivision B of Division   1 of that Part, a reference in the definition of evidential material in subsection   4(1) to a designated compliance provision included a reference to a provision of this Part or regulations made for the purposes of this Part; and

  (b)   a reference in Subdivision B of Division   1 and Division   3 of that Part to a designated compliance provision included a reference to a provision of this Part or regulations made for the purposes of this Part.

  (4)   However, an authorised compliance officer must not:

  (a)   enter premises under Subdivision B of Division   1 of Part   10AA as applied by this section; or

  (b)   exercise any of the powers under that Subdivision;

except:

  (c)   to the extent that this is reasonably necessary for any of the following purposes:

  (i)   determining whether a provision of this Part or regulations made for the purposes of this Part has been, or is being, complied with;

  (ii)   determining whether information given in compliance, or purported compliance, with section   222D, in its application under section   86J, is correct;

  (iii)   determining whether information given in compliance, or purported compliance, with section   238, as applied by this section, is correct; or

  (d)   if the authorised compliance officer has reasonable grounds for suspecting that there may be evidential material on the premises relating to a possible contravention of a provision of this Part or regulations made for the purposes of this Part.

  (5)   Also, the Inspector - General must not require a person to give information under Division   3 of Part   10AA as applied by this section unless the Inspector - General has reason to believe that information relating to a matter that is relevant to the performance of the Inspector - General's functions or duties, or the exercise of the Inspector - General's powers, under this Part   is in the person's possession, custody or control (whether held electronically or in any other form).