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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 156B
Powers of authorised officers
(1) The Secretary may appoint any person (including a class of persons) to be
an authorised officer for the purposes of national parks legislation. Such an
appointment is to be made under Chapter 7 of the Protection of the Environment
Operations Act 1997 (the
"POEO Act" ) as applied under this section.
(2) An authorised officer has and
may exercise the functions of an authorised officer under Chapter 7 (except
Part 7.6) of the POEO Act for the following purposes-- (a) for determining
whether there has been compliance with or a contravention of
national parks legislation,
(b) for obtaining information or records for
purposes connected with the administration of national parks legislation,
(c)
generally for administering national parks legislation.
(3) The provisions of
Chapter 7 of the POEO Act apply to and in respect of
national parks legislation as if those provisions were part of this Act, but
modified so that-- (a) references in those provisions to an authorised officer
were references to authorised officers appointed as referred to in this
section, and
(b) references in those provisions to "this Act" were references to an Act or
regulation forming part of the national parks legislation, and
(c) references
in those provisions to the EPA were references to the Secretary, and
(d) the
Secretary were the appropriate regulatory authority for matters concerning
national parks legislation.
(3A) Section 319A of the POEO Act applies in
respect of notices given by an authorised officer pursuant to subsection (2)
in the same way as it applies to notices given under that Act or the
regulations under that Act, except that in so applying that section a
reference to a regulatory authority is to be read as a reference to the
Secretary.
(3B) 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 under 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 national parks legislation,
taken to be functions under national parks legislation.
(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 national parks legislation, the fact that there is a restriction on the
exercise of a function under national parks legislation 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.
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