Commonwealth Consolidated Acts

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 59M

             (1)  A power conferred on an inspector under subsections 59L(1) and (2) may be exercised only:

                     (a)  in a port; or

                     (b)  subject to this section, within the compulsory pilotage area.

             (2)  An inspector may exercise a power conferred on the inspector under subsections 59L(1) and (2) in respect of a vessel outside the compulsory pilotage area if:

                     (a)  if the inspector concerned is not a member of a police force--the inspector believes on reasonable grounds that it is not reasonably practicable for an inspector who is a member of a police force to exercise the power; and

                     (b)  one or more inspectors (whether or not including the inspector exercising the power) have pursued the vessel from a place within the compulsory pilotage area to a place outside the area; and

                     (c)  the pursuit was not terminated or substantially interrupted at any time before the inspector concerned arrived at that place outside the area with a view to exercising that power.

             (3)  For the purposes of subsection (2), a pursuit of a vessel is not taken to be terminated or substantially interrupted only because the inspector or inspectors concerned lose sight of the vessel.

             (4)  A reference in subsection (3) to losing sight of a vessel includes a reference to losing output from a radar or other sensing device.