“7 Qualifications for hazardous substances enforcement officers

• “(1) Before appointing an enforcement officer to perform the enforcement functions specified in the warrant issued to that person under section 100 of the Act, the person making the appointment must be satisfied that the person to be appointed knows and is able to describe the following matters:

  • “(a) in relation to the enforcement functions specified for that person,—

    • “(i) the relevant hazard classifications:

    • “(ii) the relevant adverse effects:

    • “(iii) the controls that may be imposed:

    • “(iv) transitional provisions (if any) in, or made under, the Act:

    • “(v) the scope of approved codes of practice:

  • “(b) the provisions of the Act that are relevant to enforcement officers, including—

    • “(i) the purpose and principles of the Act; and;

    • “(ii) the offence provisions of the Act and the defences available to a person charged with an offence under the Act; and

    • “(iii) the penalties and liabilities imposed by the Act; and

    • “(iv) the procedures for serving a compliance order; and

    • “(v) the procedures under the Act for gathering evidence; and

    • “(vi) the powers of entry for inspection and the procedures to be followed when exercising those powers; and

    • “(vii) the circumstances in which a search may be conducted and the procedures for conducting a search; and

    • “(viii) the procedures for declaring an emergency, and the extent of the emergency powers under the Act.

  “(2) The person making the appointment must also be satisfied that the person to be appointed knows and is able to describe and demonstrate, in relation to the enforcement functions specified for that person,—

  • “(a) the common procedures and equipment used to comply with the controls that could be imposed; and

  • “(b) the likely circumstances in which the procedures and equipment may not comply with the controls imposed; and

  • “(c) the steps that should be taken to re-establish compliance with those controls.

  “(3) The person appointed must also have had, in relation to the enforcement functions specified for that person, not less than 6 months' practical experience under the guidance of an enforcement officer.

  “(4) To avoid doubt, where enforcement functions specified in a warrant relate to hazardous properties or hazard classifications, it is sufficient for the purposes of subclauses (1), (2), and (3) that the person appointed to perform the enforcement functions has the knowledge or experience—

  • “(a) required for hazardous substances that generally—

    • “(i) have those hazardous properties; or

    • “(ii) are within the specified hazard classifications; but

  • “(b) not necessarily in relation to each hazardous substance that—

    • “(i) has those hazardous properties; or

    • “(ii) is within the specified hazard classifications.”

• “(2) A person to whom subclause (1) applies may be appointed as an enforcement officer to perform the enforcement functions—

  • “‘(a) specified in the warrant issued to that person under section 100 of the Act; and

  • “‘(b) for which he or she has, in the opinion of the person making the appointment, relevant inspection or enforcement experience.’”