MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 401 New section 228ZBA inserted

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 401

After section 228ZB of the Transport (Compliance and Miscellaneous) Act 1983 insert —

        " 228ZBA     General marine related inspection, inquiry and search powers

    (1)     A transport safety officer who enters marine premises, boards a vessel or proposes to board a vessel under this Division may, for compliance and investigative purposes, do any of the following—

        (a)     detain a vessel for so long as is necessary for the purposes of the investigation, up to a maximum period of 48 hours; and

        (b)         if authorised to do so under section 228ZW—detain a vessel for the period authorised under that section;

        (c)     direct the master or owner of a vessel or the person operating a vessel to do anything necessary to enable the effective and safe detention of the vessel; and

        (d)     in accordance with a search warrant issued by a magistrate, enter and inspect any premises.

    (2)     A transport safety officer may do all or any of the following on any vessel boarded under subsection (1)—

        (a)     search and inspect the vessel;

        (b)     inspect any thing on the vessel;

        (c)     make copies of, or take extracts from, any document;

        (d)     seize any thing on the vessel if the transport safety officer believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction;

        (e)     test any equipment or substance on the vessel;

        (f)     take samples of any substance;

        (g)     take measurements;

        (h)     take any photographs or make any audio visual or other recordings that he or she considers necessary;

              (i)     use any assistants or equipment that transport safety officer considers necessary to exercise the powers conferred by this section.

    (3)     A person must not refuse or fail to comply with a direction under subsection (1)(c) unless the person has a reasonable excuse.

Penalty:     60 penalty units.

    (4)     In proceedings for an offence against subsection (3), it is a reasonable excuse if the direction was unreasonable.

    (5)     In proceedings for an offence against subsection (3) it is a defence if the person charged proves on the balance of probabilities that the direction or its subject-matter was outside the scope of the business or other activities of the person.".