111Issuing prohibition notices

111 Issuing prohibition notices

(1) This section applies if a marine safety inspector believes on reasonable grounds that:

(a) an activity is occurring in relation to a domestic commercial vessel that involves or will involve a risk to the safety of a person or a serious risk to the environment; or

(b) an activity may occur in relation to a domestic commercial vessel that, if it occurs, will involve a risk to the safety of a person or a serious risk to the environment.

Annexure 1

(2) The marine safety inspector may issue a prohibition notice to the responsible person in relation to the domestic commercial vessel. For this purpose, the responsible person is:

(a) the master of the vessel; or

(b) if the inspector cannot locate the master:

(i) the person who holds the certificate of operation for the vessel; or

(ii) if the inspector cannot locate that person—the person who has possession or control of the vessel.

(3) The notice must:

(a) specify the activity the marine safety inspector believes involves or will involve the risk to safety or the environment, and set out the reasons for that belief; and

(b) either:

(i) direct the responsible person to ensure that the activity is not engaged in; or

(ii) direct the responsible person to ensure that the activity is not engaged in in a specified manner.

Note: For example, a notice could specify that a person not operate an unsafe vessel.

(4) A specified manner may relate to any one or more of the following:

(a) any vessel, or part of a vessel, in relation to which the activity is not to be engaged in;

(b) any thing that is not to be used in connection with the activity;

(c) any procedure that is not to be followed in connection with the activity.

(5) The notice ceases to have effect when a marine safety inspector notifies the responsible person that the inspector is satisfied that the responsible person has taken adequate action to remove the risk to safety or the environment.

(6) The notice may specify action that may be taken to satisfy a marine safety inspector that adequate action has been taken to remove the risk to safety or the environment.

(7) If a marine safety inspector is satisfied that action taken by the responsible person to remove the risk to safety or the environment is not adequate, the inspector must inform the person accordingly.

(8) In making a decision under subsection (7), a marine safety inspector may exercise any of the vessel monitoring powers and general monitoring powers that the inspector considers necessary for the purposes of making the decision.