Section 40

by substituting for subsection (1) the following subsection:

“(1)  Whenever it appears to any Magistrate, upon written information on oath and after such inquiry as he deems necessary, that there is reasonable ground to believe that in or on any premises, site, facility or conveyance there is concealed, kept, deposited or stored

Atomic Energy Licensing (Amendment)

33

any radioactive material, nuclear material or radiation generator in respect of which an offence has been committed under this Act, or any device, container, book, document or other thing directly or indirectly relating to or connected with any dealing in relation to any radioactive material, nuclear material or radiation generator which was, or any intended dealing of the same which would be, an offence under this

Act, that Magistrate may issue a warrant authorizing any authorized officer or police officer not below the rank of Inspector—

to enter the premises, site, facility or conveyance, to search, seize and seal for such radioactive material, nuclear material, radiation generator, device, container, book, document or other thing;

to arrest any person being in or on the premises, site, facility or conveyance in whose possession or under whose control such radioactive material, nuclear material, radiation generator, device, container, book, document or other thing is found, or whom such authorized officer or police officer not below the rank of Inspector reasonably believes to have been dealing in such any activities in respect of such radioactive material, nuclear material or radiation generator, or to have been in possession or control of such device, container, book, document or other thing or to have brought, received, concealed, kept, deposited or stored such radioactive material, nuclear material, radiation generator, device, container, book, document or other thing”;

in subsection (2), by substituting for the words “nuclear installation” wherever appearing the word “facilities”;

and

34

by inserting after subsection (2) the following subsections:

“(3)  If, by reason of its nature, size or amount, it is not practicable to remove, any radioactive material, nuclear material, radiation generator, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material or radiation generator seized under this section, the authorized officer or police officer not below the rank of Inspector who effected the seizure shall, by any means, seal such radioactive material, nuclear material, radiation generator, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material or radiation generator from the premises, site, facility or conveyance where it was found.

Where any authorized officer or a police officer not below the rank of Inspector has seized or sealed any radioactive material, nuclear material, radiation generator, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material or radiation generator under this Part, he shall prepare a list of all things seized or sealed in the course of a search made in or on any premises, site, facility and of the places in which they are respectively found and shall be signed by him.”.

Amendment of section 34