12Powers of entry by investigator

12 Powers of entry by investigator

(1)  In this regulation –

responsible person means –

(a) in the case of a vessel, the owner or master of the vessel; and

(b) in the case of premises, the owner or occupier of the premises.

(2)  An investigator who is investigating a maritime incident may, on production of his or her letter of authority –

(a) board and inspect any vessel that he or she has reasonable grounds to believe was, or may have been, involved in the maritime incident; and

(b) enter and inspect any premises where he or she has reasonable grounds to believe there is, or may be, evidentiary material that is relevant to the maritime incident.

(3)  The power under subregulation (2) may be exercised –

(a) at any reasonable time of the day or night; and

(b) using such personal and material assistance as the investigator reasonably considers necessary.

(4)  The power under subregulation (2) may only be exercised by an investigator if the investigator –

(a) has the consent of the responsible person in respect of the vessel, or premises, to be inspected; or

(b) reasonably believes that –

(i) the vessel to be inspected is likely to leave the State before a consent can be obtained; or

(ii) the evidence located in the vessel, or premises, to be inspected is in danger of being removed, destroyed or interfered with before a consent can be obtained.

(5)  If a responsible person has given consent under subregulation (4)(a) , the investigator who obtained the consent must request a written acknowledgment from the responsible person specifying –

(a) that the consent was given voluntarily; and