Part 9Monitoring, investigation, and enforcement
Powers of entry and inspection
284Powers of entry and inspection
Subject to section 285, for the purpose of performing any function of the Director, the CAA, or an inspector under this Act, or for the purposes of the ANZA mutual recognition agreements, any inspector may, at any reasonable time, enter any aviation place and—
- conduct examinations, tests, inquiries, and inspections:
- be accompanied and assisted by any other person, and bring into the aviation place any equipment necessary, to carry out the inspector’s functions:
- take photographs and measurements and make sketches and recordings:
- require the aviation participant or a person who is or appears to be in charge of the aviation place to ensure that the aviation place or any place or thing in the aviation place specified by the inspector is not disturbed for a reasonable period pending examination, testing, inquiry, or inspection:
- require the aviation participant or a person who is or appears to be in charge of the aviation place to—
- produce information relating to the aviation place, the activities carried out there, or the people who carry out those activities; and
- produce information relating to the aviation participant’s compliance with relevant civil aviation legislation; and
- permit the inspector to examine and make copies of, or take extracts from, the information:
- produce information relating to the aviation place, the activities carried out there, or the people who carry out those activities; and
- require the aviation participant or a person who is or appears to be in charge of the aviation place to make or provide statements, in any form and manner that the inspector specifies.
An inspector may do any of the things referred to in subsection (1), whether or not—
- the inspector or the person the inspector is dealing with is in the aviation place; or
- the place is still an aviation place; or
- the aviation participant is still operating at the place; or
- in respect of any information, the information is—
- in the place; or
- in the place where the inspector is; or
- in another place.
- in the place; or
In the case of a person holding an Australian AOC with ANZA privileges, the power conferred by subsection (1) may be exercised only at the request of CASA.
Nothing in this section affects the application of section 60 of the Evidence Act 2006.
For the purpose of this section, if the inspector considers that it is necessary to enter any other building or land in order to get to the aviation place, the inspector may do so after taking any steps that the inspector considers reasonable in the circumstances to obtain the consent of the occupier of the building or place.
In this section, information includes any document.