29Boarding of vessels etc. by inspectors

#### 29 Boarding of vessels etc. by inspectors (1) This section applies to the following: (a) any Australian vessel or Australian aircraft; (b) any vessel, aircraft or platform that is in Australia or an external Territory; (c) any vessel or platform that is in Australian waters; (d) any aircraft that is capable of landing on water and is in Australian waters. (2) An inspector may, with such assistance as he or she thinks necessary, board any vessel, aircraft or platform to which this section applies for the purpose of exercising the functions of an inspector in accordance with section 31 if he or she believes on reasonable grounds that there is in, or on, that vessel, aircraft or platform: (a) any controlled material that is to be dumped into the sea or incinerated at sea; or (aa) any controlled material that is to be placed as part of an artificial reef placement; or (b) any matter or thing that may afford evidence as to the commission of an offence against this Act; and, in the case of a vessel or aircraft, may, for that purpose, stop and detain that vessel or aircraft. (3) An inspector may require any person on board a vessel, aircraft or platform to which this section applies whom he or she finds committing, or whom he or she suspects on reasonable grounds of having committed, an offence against this Act to state his or her full name and usual place of residence. (4) Where an inspector believes on reasonable grounds that a vessel to which this section applies and that is in Australian waters has been used or otherwise involved in the commission of an offence against this Act, he or she may bring, or require the person in charge of the vessel to bring, the vessel to the nearest port in Australia or an external Territory to which it is safe and practicable to bring the vessel. (5) An inspector may, for the purposes of this Act, require the person in charge of a vessel, aircraft or platform to which this section applies to give information concerning the vessel, aircraft or platform and her crew and any other person on board the vessel, aircraft or platform. (6) Where an inspector (other than a member of a police force, or officer of Customs, who is in uniform) boards a vessel, aircraft or platform to which this section applies, he or she shall: (a) in the case of a member of a police force—produce, for inspection by the person in charge of that vessel, aircraft or platform, written evidence of the fact that he or she is a member of that police force; or (aa) in the case of an officer of Customs—produce, for inspection by the person in charge of that vessel, aircraft or platform, written evidence of the fact that the officer is an officer of Customs; or (b) in any other case—produce his or her identity card for inspection by that person; and, if he or she fails to do so, he or she is not authorized to remain, or to require any person assisting him or her to remain, on board that vessel, aircraft or platform or to detain that vessel or aircraft. (7) Where an inspector (other than a member of a police force, or officer of Customs, who is in uniform) makes a requirement of a person under this section, the inspector shall: (a) in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of that police force; or (aa) in the case of an officer of Customs—produce, for inspection by that person, written evidence of the fact that the officer is an officer of Customs; or (b) in any other case—produce his or her identity card for inspection by that person; and, if he or she fails to do so, that person is not obliged to comply with the requirement. (8) A person who, without reasonable excuse, fails to comply with a requirement made of him or her by an inspector under this section commits an offence punishable on conviction by a fine not exceeding 20 penalty units.