Commonwealth Consolidated Acts

HISTORIC SHIPWRECKS ACT 1976 - SECT 23

             (1)  Where an inspector has reasonable grounds for believing that it is necessary to do so for the purpose of ascertaining whether an offence against this Act has been or is being committed or that by doing so evidence in relation to the commission of such an offence may be obtained, the inspector may, with or without persons and equipment to assist him or her:

                     (a)  go on board a ship;

                     (b)  require a person in charge of a ship to take steps to facilitate boarding;

                     (c)  open, or require a person to open, any cargo holds, compartments or containers on any ship boarded in accordance with paragraph (a) and inspect the contents of any such cargo holds, compartments or containers;

                     (d)  require any person found in or on any ship boarded in accordance with paragraph (a) to produce any permit in force under this Act that is in the possession of the person; and

                     (e)  require a person to answer questions.

             (2)  Where an inspector has reason to believe that a person has failed to comply with a notice given to the person under subsection 11(1), the inspector may make application to a Justice of the Peace for a warrant authorizing the inspector, with or without persons and equipment to assist him or her, for the purpose of ascertaining whether the person has failed to comply with the notice:

                     (a)  to enter any specified land or premises; and

                     (b)  to search any land or premises so entered and to break open any cupboard, drawer, desk, box, package or other receptacle, whether a fixture or not, on the land or in the premises.

             (3)  If, on an application under subsection (2), the Justice of the Peace is satisfied by information on oath or affirmation that the issue of the warrant is reasonably required for the purposes of that subsection, the Justice of the Peace may grant a warrant accordingly.

             (4)  A warrant under subsection (3) shall specify a date after which the warrant ceases to have effect.

             (5)  A person must not, without reasonable excuse, fail to comply with a requirement made of the person by an inspector in the exercise of a power under this section.

Penalty:  20 penalty units.

          (5A)  Paragraph (5)(a) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (5A). See subsection 13.3(3) of the Criminal Code .

             (6)  It is a reasonable excuse for a person to fail to answer a question that the person is required to answer under this section that the answer to the question may tend to incriminate the person.

          (7A)  Paragraph (7)(a) does not apply if the person has a reasonable excuse.

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

             (8)  In this section, ship includes a hovercraft and any similar craft.