GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 59L Powers of inspector--compulsory pilotage area

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 59L

  (1)   If an inspector has reasonable grounds for suspecting that a vessel is a regulated ship that has navigated in the compulsory pilotage area without a pilot, an inspector may stop the vessel to:

  (a)   search the vessel for the purpose of ascertaining whether the vessel has a pilot on board; and

  (b)   search the vessel for anything that will afford evidence of the commission of an offence against this Part.

  (2)   An inspector may:

  (a)   require the master or owner of a vessel whom the inspector finds committing, or whom the inspector reasonably suspects of having committed, an offence against this Part, to provide the following information:

  (i)   the person's name and usual place of residence;

  (ii)   details as to the ownership and registration of the vessel; and

  (b)   require the master or owner of a vessel whom the inspector reasonably suspects of having committed an offence against this Part   to produce a pilot's certificate in respect of navigation by that vessel in the compulsory pilotage area.

  (3)   If an inspector (other than a uniformed member of a police force) stops or proposes to search a vessel, the inspector must:

  (a)   in the case of a member of a police force, produce for inspection by the person in charge of the vessel, written evidence of the fact that the inspector is a member of a police force; or

  (b)   in any other case, produce the inspector's identity card for inspection by the person.

  (4)   If an inspector (other than a uniformed member of a police force) fails to produce the documentation referred to in subsection   (3) as required by that subsection, the inspector is not authorised to search that vessel.

  (5)   If an inspector (other than a uniformed member of a police force) makes a requirement of a person under subsection   (2), the inspector must:

  (a)   in the case of a member of a police force, produce for inspection by the person in charge of the vessel, written evidence of the fact that the inspector is a member of a police force; or

  (b)   in any other case, produce the inspector's identity card for inspection by the person.

  (6)   If an inspector (other than a uniformed member of a police force) fails to produce the documentation referred to in subsection   (5) in the circumstances referred to in that subsection, a person is not obliged to comply with a requirement made under subsection   (2).

  (7)   A person who fails to comply with a requirement made of the person under subsection   (2), commits an offence punishable upon conviction by a fine of not more than 10 penalty units.

  (8)   Subsection   (7) does not apply if the person has a reasonable excuse.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (7). See subsection   13.3(3) of the Criminal Code .