MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 399 Amendment of section 228Z—Power of entry

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 399

    (1)     In section 228Z of the Transport (Compliance and Miscellaneous) Act 1983 —

        (a)     in paragraph (b)(ii), for "search warrant." substitute "search warrant; or";

        (b)     after paragraph (b) insert —

    "(c)     board any vessel at any time it is in use; or

        (d)     enter, without consent, any marine premises at any time during which marine operations or other related activities are being carried out in or on the marine premises.".

    (2)     At the end of section 228Z of the Transport (Compliance and Miscellaneous) Act 1983 insert —

    "(2)     A transport safety officer may, if it is necessary to do so to enable the transport safety officer to board or leave a vessel, direct the master of the vessel or the person operating the vessel to—

        (a)     stop the vessel; or

        (b)     manoeuvre the vessel in a specified manner or to a specified place; or

        (c)     secure the vessel in a specified manner.

    (3)     A person must not refuse or fail to comply with a direction under subsection (2) unless the person has a reasonable excuse.

Penalty:     60 penalty units.".