Navigation Act 2012

An inspector who enters premises under subsection 256(1) or 257(1) may exercise the following monitoring powers:

the power to search the premises and any thing on the premises;

the power to examine or observe any activity conducted on the premises;

the power to inspect, examine, take measurements of or conduct tests on any thing on the premises;

the power to make any still or moving image or any recording of the premises or any thing on the premises;

the power to inspect any document on the premises;

the power to take extracts from, or make copies of, any such document;

the power to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;

the power to request that a person on the premises demonstrate the operation of machinery or equipment on the premises;

the powers set out in subsections (2), (3), (4) and (6).

If the premises are a vessel, the monitoring powers include the power to require the master of the vessel to do one or more of the following:

stop or manoeuvre the vessel;

adopt a specified course or speed;

maintain a specified course or speed.

The monitoring powers include the power to operate or to require a person to operate electronic equipment on the premises to see whether:

the equipment; or

a disk, tape or other storage device that:

is on the premises; and

can be used with the equipment or is associated with it;

whether this Act is being, or has been, complied with; or

the correctness of information provided under this Act.

The monitoring powers include the following powers in relation to data found in the exercise of the power under subsection (3):

the power to operate or to require a person to operate electronic equipment on the premises to put the data in documentary form and remove the documents so produced from the premises;

the power to operate or to require a person to operate electronic equipment on the premises to transfer the data to a disk, tape or other storage device that:

is brought to the premises for the exercise of the power; or

is on the premises, and the use of which for that purpose has been agreed in writing by the occupier of the premises;

An inspector may operate electronic equipment as mentioned in subsection (3) or (4) only if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.

If entry to the premises is under a monitoring warrant, the monitoring powers include the power to secure a thing for a period not exceeding 24 hours if:

the thing is found during the exercise of monitoring powers on the premises; and

an inspector believes on reasonable grounds that:

the thing affords evidence of the commission of an offence against this Act; and

it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and

it is necessary to secure the thing without an enforcement warrant because the circumstances are serious and urgent.

If an inspector believes on reasonable grounds that the thing needs to be secured for more than 24 hours, he or she may apply to a magistrate for an extension of that period.

The inspector must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application.

The provisions of this Part relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.

The 24‑hour period may be extended more than once.