87Monitoring powers

87 Monitoring powers

Powers relating to vessels and premises (1) A police officer who boards a vessel under section 83 or enters premises under section 85 may exercise the following monitoring powers: (a) the power to search the vessel or premises and any thing on the vessel or premises; (b) the power to examine or observe any activity conducted on the vessel or premises; (c) the power to inspect, examine, take measurements of or conduct tests on any thing on the vessel or premises; (d) the power to make any still or moving image or any recording of the vessel or any thing on the vessel or premises; (e) the power to inspect any document on the vessel or premises; (f) the power to take extracts from, or make copies of, any such document; (g) the power to take onto the vessel or premises such equipment and materials as the police officer requires for the purpose of exercising powers in relation to the vessel or premises; (h) the power to request that a person on the vessel or premises demonstrate the operation of machinery or equipment on the vessel or premises; (i) if the officer has boarded a vessel under section 83—the power to require a person on the vessel to give the officer one or more of the following: (i) the person’s name; (ii) the person’s residential address; (iii) the person’s date of birth; (iv) evidence of the person’s identity; (j) the powers set out in subsections (2), (3) and (4). Additional powers relating to vessels (2) If a police officer boards a vessel under section 83, the monitoring powers include the power to require the master of the vessel to do one or more of the following: (a) stop or manoeuvre the vessel; (b) adopt a specified course or speed; (c) maintain a specified course or speed; (d) take the vessel to a specified place. Operation of electronic equipment etc. (3) The monitoring powers include the power to operate or to require a person to operate electronic equipment on the vessel or premises to see whether: (a) the equipment; or (b) a disk, tape or other storage device that: (i) is on the vessel or premises; and (ii) can be used with the equipment or is associated with it; contains information (data) that is relevant to: (c) whether this Ordinance and the rules are being, or have been, complied with; or (d) a marine accident; or (e) a marine safety investigation. (4) The monitoring powers include the following powers in relation to data found in the exercise of the power under subsection (3): (a) the power to operate or require a person to operate electronic equipment on the vessel or premises to put the data in documentary form and remove the documents so produced from the vessel or premises; (b) the power to operate or to require a person to operate electronic equipment on the vessel or premises to transfer the data to a disk, tape or other storage device that: (i) is brought onto the vessel or premises for the exercise of the power; or (ii) is on the vessel or premises and the use of which for that purpose has been agreed in writing by the occupier of the vessel or premises; and to remove the disk, tape or other storage device from the vessel or premises. (5) A police officer may operate electronic equipment as mentioned in subsection (3) or (4) only if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment. Offence (6) A person commits an offence if: (a) a requirement is made of the person: (i) under paragraph (1)(h) (to show, or demonstrate the operation of, machinery or equipment on a vessel); or (ii) under paragraph (1)(i) (to give a police officer the person’s name, the person’s residential address, the person’s date of birth or evidence of the person’s identity); or (iii) under subsection (2) (to stop or manoeuvre a vessel, adopt or maintain a specified course or speed or take a vessel to a specified place); and (b) the person fails to comply with the requirement.