282Q

Authorised officer may give directions

In force

(1)

An authorised officer of a port authority or port lessor may give a verbal direction to a person in the port authority’s or port lessor’s port area if giving the direction is reasonably necessary to—

(a)

ensure the safety or security of the port area, its users or a port entity’s employees; or

(b)

prevent the person’s activities or conduct from affecting the port’s operation.

Examples of directions that may be given for subsection (1)—

• a direction to control the movement or mooring of, or activities on or by, a ship

• a direction to control the movement, stopping or parking of a vehicle or rolling stock

• a direction to control the movement, handling or storage of goods that are loaded, waiting to be loaded, unloaded or being transhipped

• a direction to control the movement of persons

• a direction to a person, who is the holder of an approval to perform a controlled activity under part 4A, to stop performing the controlled activity for a period

(2)

Subsection (3) applies if an authorised officer—

(a)

finds a person committing an offence, or reasonably suspects that a person has just committed an offence, against section 283G; or

(b)

reasonably believes that a person’s presence at the port facilities may pose a threat to the safety or security of the port facilities, its users or a port entity’s employees; or

(c)

reasonably believes that a person is in an area of the port facilities without lawful justification or excuse.

(3)

An authorised officer may give a verbal direction to the person to—

(a)

immediately leave the port facilities, or an area of the port facilities; or

(b)

immediately leave the port facilities, or an area of the port facilities, and not return for at least 24 hours.

(4)

An authorised officer must identify himself or herself as an authorised officer if the authorised officer gives a verbal direction by radio, megaphone or another form of distance communication.

(5)

An authorised officer must not give a verbal direction about the movement of rolling stock if a train controller is satisfied that the movement of the rolling stock would cause an immediate threat to—

(a)

the safety of the railway; or

(b)

the public using it or who may use it.

This Act’s bill:Explanatory memorandum

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