PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 137C
PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 137C
137C—Powers of authorised persons
(1) Subject to
subsection (3), an authorised person may—
(a)
board a vessel that the person has reasonable grounds to believe has been
used, is being used or is about to be used in contravention of
section 118; or
(b)
where the person has boarded a vessel in the exercise of powers under
paragraph (a)—
(i)
require any person on board the vessel to answer
questions relating to the vessel or to the movements of the vessel; or
(ii)
require the master of the vessel to state whether there
is in force in respect of the vessel a consent under section 118(1) and,
if so, to produce the consent; or
(iii)
if the vessel is registered under the
Shipping Registration Act 1981 of the Commonwealth—require the
master of the vessel to produce the certificate of registration of the vessel;
or
(iv)
search the vessel for any documents relating to the
vessel or to the movements of the vessel; or
(c)
require the master of a vessel, being a vessel that is in a safety zone and
that is not an exempt vessel in relation to the safety zone, to take the
vessel outside the safety zone; or
(d)
require the master of a disabled vessel—
(i)
that is in a safety zone; or
(ii)
that is, or that the authorised person has reasonable
grounds to believe is, a relevant vessel and that the person has reasonable
grounds to believe is likely to cause damage to any well, pipeline, structure
or equipment in the safety zone,
to permit the vessel to be towed away from the safety zone or to accept the
giving of such other assistance to the vessel as the person considers
necessary; or
(e)
detain a vessel that the person has reasonable grounds to believe has been
used in contravention of section 118.
(2) A person shall
not—
(a) fail
to facilitate by all reasonable means the boarding of a vessel by an
authorised person pursuant to subsection (1); or
(b)
refuse to allow a search that is authorised under subsection (1) to be
made by an authorised person; or
(c)
refuse or neglect to comply with a requirement made by an authorised person
under subsection (1); or
(d) when
an authorised person requires the person to give information, pursuant to the
powers of the authorised person under subsection (1)—give
information that is, to the knowledge of the person, false or misleading in a
material particular; or
(e)
resist or obstruct an authorised person who is acting pursuant to
subsection (1).
Maximum penalty: $5 000.
(3) The powers of an
authorised person in relation to a vessel under subsection (1)(a), (b)
and (e) shall not be exercised except—
(a)
pursuant to a warrant issued under section 137D; or
(b)
after obtaining the consent of the master of the vessel; or
(c) in
circumstances of seriousness and urgency, in accordance with
section 137E.