PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 27 Powers of inspectors
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 27
Powers of inspectors(1) For the purpose of ascertaining:
(a) whether a provision of this Act that is applicable in relation to an Australian ship has been complied with in respect of the ship;
(b) whether there has been a discharge from a ship in contravention of this Act;
(c) whether a provision of the Convention that is applicable in relation to a foreign ship has been complied with in respect of the ship; or
(d) whether a provision of a law of a country other than Australia giving effect to the Convention, being a provision that is applicable in relation to a foreign ship, has been complied with in respect of the ship;
an inspector may:
(e) go on board the ship with such assistants and equipment as he or she considers necessary; and
(f) require the master of the ship to take such steps as the inspector directs to facilitate the boarding; and
(g) inspect and test any machinery or equipment of the ship; and
(h) require the master of the ship to take such steps as the inspector directs to facilitate the inspection or testing of any machinery or equipment of the ship; and
(j) open, or require the master of the ship to cause to be opened, any hold, bunker, tank, compartment or receptacle in or on board the ship and inspect the contents of any hold, bunker, tank, compartment or receptacle in or on board the ship; and
(k) require the master of the ship to produce a record book required by this Act to be carried in the ship or any other books, documents or records relating to the ship or its cargo that are carried in the ship; and
(m) make copies of, or take extracts from, any such books, documents or records; and
(n) require the master of the ship to certify that a true copy of an entry in a record book required by this Act to be carried in the ship made by the inspector is a true copy of such an entry; and
(p) require the master of the ship to produce any substances on board the ship or under the ship's control; and
(pa) examine, and take samples of, any substances on board the ship or under the ship's control; and
(q) require a person to answer questions.
(1A) This section does not authorise the inspection of a foreign ship navigating in the exclusive economic zone if the inspection is in respect of an act or omission, or possible act or omission, in relation to the ship while in the exclusive economic zone unless:
(a) there are clear grounds for believing that the act or omission was a substantial discharge or disposal causing or threatening to cause significant pollution of the marine environment; and
(b) a requirement for information under section 26G has not been complied with, or information supplied purportedly in compliance with such a requirement is manifestly at variance with the evident factual situation.
(2) A person must not fail to comply with a requirement made of the person by an inspector under subsection (1).
(2A) A person must not, in answering a question that the person is required to answer under subsection (1), make a statement that is false or misleading in a material particular.
(3) An inspector shall not, in exercising his or her powers under subsection (1), unnecessarily delay a ship from going to sea.
(4) An offence under subsection (2) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
(5) Subsection (2) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter
in subsection (5) (see subsection 13.3(3) of the Criminal Code
).