44Power to board any transport vehicle with consent

44 Power to board any transport vehicle with consent

(1) The Inspector may board a transport vehicle for the purpose of exercising a power set out in section 46 in any area, other than a private living area within a security regulated ship, if the controller of the vehicle consents to the boarding of the transport vehicle for the purpose of exercising the power. (2) The Inspector may board a security regulated ship for the purpose of exercising a power set out in section 46 in a private living area of the ship if both: (a) the master; and (b) any person or persons who occupy the private living area; consent to the entry for the purpose of exercising the power. (3) The Inspector may only exercise the power in that area if the Inspector is accompanied by the master of the ship or a person nominated by the master. (4) Before obtaining consent from a person under this section, the Inspector must inform the person that he or she may refuse consent, or withdraw consent at any time. The Inspector must leave the transport vehicle or the area if the controller asks the Inspector to do so. (5) A consent of a person is not effective for the purposes of this section unless the consent is voluntary. (6) A person mentioned in subsection (1) or (2) does not commit an offence if the person refuses to allow the Inspector to board, or remain in or on, the transport vehicle or the area.