109Giving directions

109 Giving directions

(1) If a marine safety inspector believes on reasonable grounds that:

(a) a person is contravening a provision of this Law in respect of a thing; or

(b) at least one of the following applies:

(i) it is necessary to exercise powers under this section in order to protect the safety of people or to protect the environment;

(ii) it is desirable in the public interest for the inspector to exercise powers under this section;

the inspector may give the person a direction requiring the person, within the time specified in the direction, to take such steps in relation to the thing as are reasonable in the circumstances.

Note: For example, a marine safety inspector could give a direction that a person not operate an unsafe vessel.

(2) The direction must be given in writing, unless the marine safety inspector believes there is an urgent need to protect the safety of people or to protect the environment.

(3) A person commits an offence if he or she does not take the steps specified in a direction under subsection (1) within the time specified in the direction.

(4) An offence against subsection (3) is an offence of strict liability.

(5) If the person does not take the steps specified in the direction within the time specified in the direction, the inspector may arrange for those steps to be taken.

(6) If the National Regulator incurs costs because of arrangements made by the inspector under subsection (5), the person is liable to pay to the National Regulator an amount equal to the costs, and the amount may be recovered by the National Regulator as a debt due to the National Regulator in a court of competent jurisdiction.

(7) A time specified in a direction under subsection (1) must be reasonable having regard to the circumstances.