Shipping inspector’s general powers for ships, vehicles and places
167 Shipping inspector’s general powers for ships, vehicles and places
A shipping inspector who boards a ship, or enters a vehicle or place, under this part may—
search any part of the ship, vehicle or place; or
inspect, examine, photograph or film anything in or on the ship, vehicle or place; or
take samples of or from anything in or on the ship, vehicle or place; or
if the inspector boards a ship—survey the ship or any part of it; or
take extracts from, or make copies of, any documents in or on the ship, vehicle or place; or
take into or onto the ship, vehicle or place any persons, equipment and materials the inspector reasonably requires for exercising any powers in relation to the ship, vehicle or place; or
require the occupier of the place, or any person in or on the ship, vehicle or place, to give the inspector reasonable help for the exercise of the powers mentioned in paragraphs (a) to (f); or
if the inspector boards a ship or enters a vehicle—require the person in control of the ship or vehicle—
to bring the ship or vehicle to a specified place; and
to remain in control of the ship or vehicle at the place for a reasonable time;
to enable the inspector to exercise the powers mentioned in paragraphs (a) to (f); or
if the inspector boards a ship or enters a vehicle—require the person in control of the ship or vehicle to accompany the inspector to enable the inspector to comply with subsection (6).
A person who is required by a shipping inspector under subsection (1)(g) to give reasonable help to the inspector for the exercise of a power must comply with the requirement, unless the person has a reasonable excuse for not complying with it.
Maximum penalty—40 penalty units.
If the help is required to be given by a person by—
answering a question; or
producing a document (other than a document required to be kept by the person under this Act);
it is a reasonable excuse for the person to fail to answer the question, or produce the document, if complying with the requirement might tend to incriminate the person.
A person who is required by a shipping inspector under subsection (1)(h) to take action in relation to a ship or vehicle must comply with the requirement, unless the person has a reasonable excuse for not complying with it.
Maximum penalty—40 penalty units.
A person who is required under subsection (1)(i) to accompany an inspector must comply with the requirement, unless the person has a reasonable excuse for not complying with it.
The inspector must not enter a part of a ship or vehicle that is used only as a living area, or exercise powers under subsection (1)(a) to (f) in relation to the part, unless the inspector is accompanied by the person in control of the ship or vehicle.
Subsection (6) does not apply if the person in control of the ship or vehicle is unavailable or unwilling to accompany the inspector or the inspector is unable for another reason to comply with the subsection.
This Act’s bill:Explanatory memorandum
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