59MLimitation on exercise of powers—location

59M Limitation on exercise of powers—location

(1) A power conferred on an inspector under subsections 59L(1) and (2) may be exercised only: (a) in a port; or (b) subject to this section, within the compulsory pilotage area. (2) An inspector may exercise a power conferred on the inspector under subsections 59L(1) and (2) in respect of a vessel outside the compulsory pilotage area if: (a) if the inspector concerned is not a member of a police force—the inspector believes on reasonable grounds that it is not reasonably practicable for an inspector who is a member of a police force to exercise the power; and (b) one or more inspectors (whether or not including the inspector exercising the power) have pursued the vessel from a place within the compulsory pilotage area to a place outside the area; and (c) the pursuit was not terminated or substantially interrupted at any time before the inspector concerned arrived at that place outside the area with a view to exercising that power. (3) For the purposes of subsection (2), a pursuit of a vessel is not taken to be terminated or substantially interrupted only because the inspector or inspectors concerned lose sight of the vessel. (4) A reference in subsection (3) to losing sight of a vessel includes a reference to losing output from a radar or other sensing device.