MARITIME POWERS ACT 2013 (NO. 15, 2013) - SECT 63 Examining things

MARITIME POWERS ACT 2013 (NO. 15, 2013) - SECT 63

Maritime officer may examine things

             (1)  A maritime officer may examine a thing.

Examples of examining

             (2)  The officer may do the following:

                     (a)  open any package in which the thing is or may be contained;

                     (b)  use a device, such as an X-ray machine or ion scanning equipment, on the thing;

                     (c)  test or analyse the thing;

                     (d)  measure or count the thing;

                     (e)  take samples of the thing (even if the sampling destroys the thing);

                      (f)  operate the thing;

                     (g)  if the thing is or contains a record or document--read the record or document either directly or with the use of an electronic device;

                     (h)  use a dog to assist in examining the thing;

                      (i)  take photographs or a video recording of the thing;

                      (j)  make sketches of the thing.

             (3)  Subsection (2) does not limit subsection (1).

Use of force to examine

             (4)  The officer may use force to open the thing, or any part of the thing.

             (5)  However, before doing so, the officer must give a reasonable opportunity to open the thing, or the part of the thing, to:

                     (a)  the person in whose possession the thing was found; and

                     (b)  if the thing was found on a vessel, installation, aircraft or land--the person in charge of the vessel, installation, aircraft or land.

             (6)  Subsection (5) does not apply if it is not reasonably practicable to give such an opportunity.