Tasmanian Consolidated Acts

POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1987 - SECT 26

      (1) For the purposes of ascertaining –

(a) whether a provision of this Part that is applicable in relation to a ship has been complied with in respect of the ship; or

(b) whether there has been a discharge into State waters in contravention of this Part –

(c) go on board the ship with such assistants and equipment as the authorized officer considers necessary;

(d) require the master of the ship to take such steps as the authorized officer directs to facilitate the boarding;

(e) inspect and test any machinery or equipment of the ship;

(f) require the master of the ship to take such steps as the authorized officer directs to facilitate the inspection or testing of any machinery or equipment of the ship;

(g) 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;

(h) 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;

(i) make copies of, or take extracts from, any such books, documents, or records;

(j) 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 authorized officer is a true copy of such an entry;

(k) examine, either alone or in the presence of an assistant, and take samples of, any substances being in, on, or in the vicinity of a ship in respect of which an investigation of a discharge or suspected discharge in contravention of a provision of this Act is being made;

(l) require the master of the ship, or any person representing the master, to certify the taking of the samples; and

(m) require a person whom he finds on the ship boarded by him to answer questions put by the authorized officer and to sign a declaration of the truth of his answers.

      (2) In the course of the exercise of his powers under this section in relation to a ship, an authorized officer may take such photographs in, on, or in the vicinity of the ship as he considers necessary.

      (3) An authorized officer who goes on board a ship pursuant to subsection (1) may take with him an approved interpreter.

      (4) A requirement or question that is made or put on behalf of an authorized officer by an approved interpreter shall be deemed to have been made or put by the authorized officer, and the answer to such a question made to the approved interpreter shall be deemed to have been made to the authorized officer.

      (5) .  .  .  .  .  .  .  .  

      (6) In this section, "approved interpreter" means a person who is accredited as an interpreter by the Telephone Interpreter Service managed by the Commonwealth.

      (7) The Minister shall cause to be issued to an authorized officer an authority in writing bearing a photograph of the officer and, on applying to board a ship pursuant to this section, the authorized officer shall, if requested to do so, produce the authority to the master of the ship.

      (8) Subsection (7) does not apply to a police officer.

      (9) Where an authorized officer who is boarding a ship pursuant to this section is informed that –

(a) dangerous operations are being carried on in, on, or in the vicinity of the ship; or

(b) dangerous substances are being used in, on, or in the vicinity of the ship or are being emitted from the ship –

      (10) A person shall not –

(a) without reasonable excuse –

(i) refuse to permit an authorized officer or the assistant of an authorized officer to go on board a ship pursuant to this section;

(ii) hinder or obstruct an authorized officer in the exercise of his powers under subsection (1); or

(iii) refuse or fail to comply with a requirement made by an authorized officer in the exercise of those powers; or

(b) in answer to a question that the person is required to answer under subsection (1) or in a declaration signed by him pursuant to a requirement under subsection (1)(m), make a statement that is false or misleading in a material particular.

      (11) A person who contravenes subsection (10) is guilty of an offence and is liable on summary conviction to a fine not exceeding 200 penalty units.