Marine Safety Act 1998 No 121
Current version for 1 December 2014 to date (accessed 20 December 2014 at 23:58)
Part 8Division 4

Division 4 Investigative powers of authorised officers

114   Application of Division

(1)  This Division applies to the following investigations:
(a)  investigations to determine whether the marine legislation has been or may be contravened,
(b)  investigations under Division 3.
(2)  A power conferred by this Division in respect of a vessel (other than a power to detain the vessel) may be exercised for the purpose of conducting random investigations of compliance with marine safety requirements.
(3)  This Division does not limit any function exercisable under the Marine Pollution Act 2012 in connection with an investigation to which this Division applies.

115   Power to stop and board vessels

(1)  For the purpose of conducting an investigation, an authorised officer may at any reasonable time:
(a)  stop any vessel, and
(b)  board any vessel, and
(c)  enter any land for the purpose of boarding any vessel (other than land used for residential purposes), and
(d)  take along any assistants or equipment required to assist the investigation.
(2)  For the purpose of boarding the vessel, the authorised officer may direct the person operating the vessel to manoeuvre it in a specified manner or to a specified place or to secure it in a specified manner.

116   Other powers of entry

(1)  For the purpose of conducting an investigation, an authorised officer may, at any reasonable time in the daytime or at any time when work is carried on there, enter any premises (other than premises used for residential purposes).
(2)  The authorised officer is to give the occupier of premises reasonable notice of an intention to enter premises under this section unless:
(a)  the entry is made with the consent of the occupier, or
(b)  the entry is made to a part of the premises that is open to the public, or
(c)  the entry is required urgently, or
(d)  the giving of notice would defeat the purpose for which it is intended to exercise the power of entry.
(3)  In this section, premises includes any vehicle.

117   General investigative powers

For the purposes of conducting an investigation, the authorised officer may do any of the following on any vessel boarded or premises entered under this Division (or in connection with any vessel stopped but not boarded under this Division):
(a)  search the vessel or premises,
(b)  make inquiries of any person,
(c)  take measurements and photographs and make recordings or gather information or evidence,
(d)  examine or test any equipment or substance,
(e)  take possession of any equipment or substance and detain it:
(i)  for examination and testing, or
(ii)  to ensure that it is available for use in evidence in any proceedings for an offence,
(f)  require the production of any relevant document, and take possession or copies of, or examine, the document or any entry in that document,
(g)  require any person to give the investigator any facilities and assistance within that person’s control that are necessary to facilitate the conduct of the investigation.

118   Detention of vessel for purposes of investigation

(1)  An authorised officer may detain a vessel for the purposes of an investigation, but only for so long as is necessary for the purposes of the investigation.
(2)  An authorised officer may not detain a vessel for more than 48 hours unless authorised to do so by order of a Magistrate. A Magistrate may, on application by an authorised officer, make such an order if satisfied there is reasonable cause for doing so.
(3)  The authorised officer may give the master or owner (or any other person) any directions required for the purpose of detaining the vessel.

119   Production of marine safety licences

(1)  The holder of a boat driving licence is required to carry the licence when doing anything for which the licence is required.
(2)  An authorised officer may require the holder of a marine safety licence who is doing anything for which the licence is required to produce the holder’s licence.
(3)  The holder of a marine safety licence (other than a boat driving licence) is not required to produce the licence at the time the requirement is made if the holder does not have the licence in his or her possession at the time. In that case, the holder is required to produce the licence to an authorised officer within 24 hours or within any longer period approved by an authorised officer.
(4)  An authorised officer may seize any marine safety licence that has been cancelled or otherwise ceased to have effect or that the officer has reason to believe is false.

120   Identification of person suspected of committing offence

An authorised officer may require a person whom the authorised officer has reason to suspect has committed an offence against the marine legislation to state his or her full name and residential address.

121   Identification of owner and master of vessel

(1)  An authorised officer may require information about the owner or master of a vessel under this section for the purpose of an investigation.
(2)  A person must, if an authorised officer requires the person to do so, supply all the information the person has regarding the identity and address of the owner or the master of a vessel.
(3)  Without limiting subsection (2), an authorised officer may require the owner of a vessel to supply a written statement containing the identity and address of the master of the vessel. Any such written statement is admissible in any proceedings as evidence (without proof of signature) of the identity and address of the master of the vessel concerned.
(4)  Without limiting subsection (2), an authorised officer may require the master of a vessel to supply a written statement containing the identity and address of the owner of the vessel. Any such written statement is admissible in any proceedings as evidence (without proof of signature) of the identity and address of the owner of the vessel concerned.

122   Power to require persons to attend to answer questions or produce documents or other things

(1)  An authorised officer may, by notice in writing, require either or both of the following:
(a)  the attendance of any person at any place to answer questions at an inquiry for the purposes of an investigation,
(b)  the production of any documents or other things required by the authorised officer for the purposes of the investigation.
(2)  At any such inquiry, the authorised officer:
(a)  is not bound by the rules of evidence, and
(b)  may conduct the inquiry without regard to legal forms, and
(c)  may inform himself or herself in such manner as the officer thinks fit.
(3)  At any such inquiry, the authorised officer may administer an oath or require any statement to be verified by statutory declaration.
(4)  A person is not required under this section to travel more than 16 kilometres from the person’s residence at the time of receiving the notice, unless such reasonable allowances for expenses incidental to attendance to give evidence is tendered to the person on the scale allowed for a witness attending on subpoena to give evidence before the District Court.

123   Limitation on self-incrimination

(1)  A person who is required under this Division to answer a question or to produce a thing is not excused from answering the question or producing that thing on the ground that the answer to the question or the production of the thing might tend to incriminate the person or make the person liable to a penalty.
(2)  The answer to the question or production of the thing, or any information obtained as a direct consequence of the answer or production is not admissible in evidence against the person in any criminal proceedings except proceedings for an offence against section 125.

124   General provisions relating to functions under this Division

(1)  In the exercise of a function under this Division, an authorised officer is to do as little damage as possible.
(2)  A requirement that an authorised officer may make under this Division may specify a reasonable time within which it is to be complied with. If no such time is specified, the requirement is to be complied with as soon as practicable after it is made.
(3)  A function exercisable by an authorised officer under this Division to make inquiries of any person or to require a person to supply information, answer questions or produce documents or other things extends to making any such inquiries or requirements to determine whether a vessel is a commercial vessel.

125   Offences

(1)  (Repealed)
(2)  A person must not, without reasonable excuse, refuse or fail to comply with a requirement made of the person under this Division.
(3)  A person must not give any information or make a statement pursuant to any requirement made under this Division that the person knows is false or misleading.

Maximum penalty: 50 penalty units.

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