Cap. 585 Art. 13Compositionofthe Secretariat. Cap. 9.

(1) The Minister shall appoint a person to act as the

Executive Secretary of the Secretariat, who shall be responsible for the proper and efficient organization of the Secretariat.

(2) The Executive Secretary of the Secretariat shall hold office for a period of three years and may be re-appointed on the expiry of the term:

Provided that the Executive Secretary shall remain in office on completion of the term until the Minister formally informs the Executive Secretary of the appointment of a substitute.

(3) The Executive Secretary shall appoint public officers and other employees as officers of the Secretariat on such terms and conditions as approved by the Commission.

(4) For the purposes of the Criminal Code and of any provision of a penal nature in any other law, the members of the Commission, officers and employees of the Secretariat, shall be deemed to be public officers.

(5) An officer of the Secretariat shall be issued with means of proper identification signed by the Executive Secretary, and such document shall be produced at the time of any examination, investigation or inspection:

Provided that the Executive Secretary shall be deemed to be an officer, and the document of identification as an officer shall be signed by the Chairperson.

(6) Officers of the Secretariat shall have the following powers:

(a) to enter freely and without previous notice in any activity, facility, practice or any other place that is deemed to be carrying out the use of unlawful activities;

(b) to request the assistance of a member of the Police Force in the execution of the officer’s duties;

(c) to question, alone or in the presence of witnesses, including the person, if such is the case, putting forward the complaint, any employer or worker, including any person acting on behalf of any employer or carrying out work for such employer, on any of the matters falling under this Act or under any regulations made thereunder;

(d) to inspect any document the keeping of which is prescribed by this Act or by any regulation made thereunder, or any book, document, design, plan, or list of technical specifications which may throw light with regard to ionising safety at any particular practice or activity;

(e) to take possession, upon giving receipt therefor, of any object required for tests or as evidence of any ionising radiation accident, injury or disease, or of any alleged violation of this Act or of any regulations made thereunder;

(f) to examine or see to the examination of any practice or activity and of any object therein, and to take samples for examination of any article, substance or material found in any workplace or within its curtilage for the purpose of radiation protection, and to ensure that such samples are preserved for use as evidence in any proceedings taken in accordance with this Act;

(g) to order that nothing be disturbed at a practice or activity for any period which may be reasonably required for the purpose of any examination, investigation or inspection referred to in the foregoing paragraphs;

(h) to require the operation or the setting in motion of any equipment, machine, device, thing or process, as well as the operation of any system or procedure which, in the opinion of the officer, may be relevant to any examination, investigation or inspection referred to in paragraphs (a) to (e);

(i) to require any undertaking to provide at the undertaking’s expense:

(i) a certificate signed by suitably qualified persons with regard to the radiation safety of any building or structure, including any temporary structures;

(ii) a certificate signed by suitably qualified persons with regard to the radiation safety of any radiation producing equipment, as the case may be;

(iii) a certificate signed by a medical practitioner relating to the medical surveillance of any worker or any class of workers, which shall be presented to the Commission;

(iv) any information relative to radiation protection, including information which refers to protective measures;

(j) to require any undertaking, agent, manufacturer, importer, supplier, user or other person to provide at their expense any document, certificate or list of technical specifications in relation to any matter concerning radiation protection, the method of handling or use of any radiation producing equipment, machinery, article, substance or chemical which is used or intended to be used; and

(k) for the purposes of a prosecution for any offence under this Act, or for the purposes of any appeal to the Appeals Tribunal against an order by an officer, to disclose to the Court or to the Appeals Tribunal such results or information received or collected during the course of the investigations.

(7) No action, disciplinary or otherwise, or other proceeding for damages, shall lie or be instituted against the Executive Secretary, or against an officer for an act done or omitted to be done by them in good faith in the execution or intended execution of any power, right or duty under this Act or any regulation made thereunder.