New South Wales Consolidated Acts

DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) ACT 2008 - SECT 21

21 Section 21 General powers of authorised officers who are police officers or appointed by EPA: application of Chapter 7 of Protection of the Environment Operations Act 1997

(1) An authorised officer who is a police officer or who is appointed by the EPA has and may exercise the functions of an authorised officer under Chapter 7 and section 319A of the Protection of the Environment Operations Act 1997 (the
"POEO Act" ) for the following purposes--

(a) for determining whether there has been compliance with or a contravention of this Act and the regulations,

(b) for obtaining information or records for purposes connected with the administration of this Act and the regulations,

(c) generally for administering this Act and the regulations.

(2) The provisions of Chapter 7 and section 319A of the POEO Act apply to and in respect of this Act as if those provisions were part of this Act, subject to the following modifications--

(a) references in those provisions to an authorised officer were references to an authorised officer who is a police officer or who is appointed by the EPA as a Competent Authority under this Act,

(b) references in those provisions to "this Act" were references to this Act,

(c) references in those provisions to the EPA were references to the EPA as a Competent Authority,

(d) the EPA as a Competent Authority was the appropriate regulatory authority for matters concerning this Act.

(3) For the avoidance of doubt, a prosecution of a person for an offence against a provision of Chapter 7 of the POEO Act (as applying under this section) is to be taken as if the offence were an offence against this Act.

(4) The functions that an authorised officer has under Chapter 7 of the POEO Act are, for the purposes of any provision of this Act, taken to be functions under this Act.

(5) If an authorised officer has functions in respect of a matter under both Chapter 7 of the POEO Act (as applying under this section) and under any other provision of this Act, the fact that there is a restriction on the exercise of a function under this Act does not of itself operate to restrict the exercise by an authorised officer of any similar or the same function under Chapter 7 of the POEO Act.