GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 59M Limitation on exercise of powers--location

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.