National Oil Reserves Agency Act 2007

47.

Powers of authorised officers.

47.— (1) For the purpose of obtaining any information necessary for the performance by the Minister or the Agency of their functions under this Act (including any functions relating to the holding of oil stocks in the State on behalf of another state in accordance with F119[an oil stocks agreement]), an authorised officer may do any or all of the following:

(a) at all reasonable times enter and inspect any premises at or by means of which a relevant activity is carried on or in which records in relation to such activity are kept;

(b) at such premises, inspect any books, records or other documents (including documents stored in non-legible form) that the officer finds in the course of the inspection, and take copies of them or extracts from them;

(c) direct that such books, records or other documents found at the premises be retained for such period as may be reasonable for further examination;

(d) remove from the premises any such books, records or other documents and retain them for such period as the officer reasonably considers to be necessary for further examination;

(e) require the owner or person in charge of the premises or any person whom the officer reasonably believes to be employed there to give to the officer such assistance and information, and to produce to him or her such books, records or other documents (and in the case of documents stored in non-legible form, produce to the officer legible reproductions of them) that are in that person’s power or procurement, as the officer may reasonably require;

(f) carry out, or have carried out, such examinations, inspections, tests and measurements of oil, F120[biofuel,] plant, equipment, storage tanks, pipelines or any other equipment or appliances at the premises as the officer considers appropriate;

(g) remove, or have removed, from the premises any such oil, F120[biofuel,] equipment or appliance and retain them for such period as the officer reasonably considers to be necessary for further examination;

(h) secure for later inspection any premises or part of any premises in which a relevant activity is carried on or in which records in relation to such activity are kept;

(i) take photographs or make any record or visual recording of any relevant activity carried on at such premises.

(2) Any information obtained by an auditor appointed under section 46(1)(b) shall be given directly to the Minister who, if he or she considers it appropriate for the purpose of the effective performance of the Agency’s functions, may pass on all or any of that information to the Agency.

(3) Where an authorised officer in exercise of his or her powers under this section is prevented from entering any premises, an application may be made under section 48 for a warrant authorising such entry.

(4) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless the officer has obtained a warrant under section 48 authorising such entry.

(5) An authorised officer who has reasonable grounds to believe that a person has committed an offence under this Act may require that person to provide the officer with his or her name and the address at which he or she ordinarily resides.

Annotations

Amendments:

F119

Substituted (19.12.2012) by European Union (Oil Reserves) Regulations 2012 (S.I. No. 541 of 2012), reg. 12.

F120

Inserted (1.07.2010) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 15, S.I. No. 322 of 2010.