Harbors and Navigation Act 1993

Subject to any conditions specified in the instrument of appointment, an authorised person may, for any purpose connected with the administration or enforcement of this Act, exercise any of the following powers—

the authorised person may direct any person who is apparently in charge of a vessel to manoeuvre the vessel in a specified manner, to stop the vessel, or to stop the vessel and secure it in a specified manner;

the authorised person may board a vessel—

for the purpose of determining—

whether the person in charge of the vessel holds a boat operator's licence or other qualification required under this Act, or an exemption from the requirement to hold a boat operator's licence or other qualification;

whether the vessel is safe;

whether the vessel is registered in accordance with this Act;

whether the vessel has the equipment and markings required by the regulations and whether the equipment is in good working order;

whether the vessel is properly loaded in accordance with the regulations;

for the purpose of investigating—

a suspected offence; or

an accident involving a vessel in the jurisdiction and resulting in loss of life or injury or in damage to property; or

any other matter having a proper connection with the administration of this Act;

for the purpose of requiring a person who is operating the vessel or a member of the crew of the vessel who is, or ought to be, engaged in duties affecting the safe navigation of the vessel to submit to an alcotest or breath analysis;

the authorised person may require a person apparently acting in a position for which a boat operator's licence is required under this

the authorised person may require a person who is apparently in charge of a vessel to produce a certificate of registration in respect of the vessel;

the authorised person may require a person whom the authorised person reasonably suspects of having committed an offence against this Act or who is, in the authorised person's opinion, in a position to give evidence of the commission of such an offence, to state the person's name and address;

for the purposes of investigating—

a suspected offence; or

an accident involving a vessel in the jurisdiction and resulting in loss of life or injury, or in damage to property; or

any other matter having a proper connection with the administration of this Act, the authorised person may—

require a person to answer questions relevant to the investigation; and

require a person to produce records or equipment that the authorised person reasonably suspects are relevant to the investigation; and

may inspect the records or equipment, make copies of the records or their contents or test the equipment and, where reasonably necessary for those purposes, seize and retain the records or equipment.

Subject to any conditions specified in the instrument of appointment, an authorised person may give expiation notices under the Expiation of Offences Act 1996 for alleged offences against this Act.

A person who—

without reasonable excuse, fails to obey a direction or requirement of an authorised person under this Act; or

hinders or obstructs an authorised person in the exercise of powers under this Act, is guilty of an offence.