113Notices not to be tampered with or removed

113 Notices not to be tampered with or removed

(1) A person must not:

(a) tamper with a notice while it is displayed under section 112; or

(b) remove a notice that has been displayed before the notice has ceased to have effect.

(2) Subsection (1) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see section 13.3(3) of the Criminal Code).

Division 4—Persons assisting marine safety inspectors

114 Persons assisting marine safety inspectors

(1) A marine safety inspector may be assisted by other persons in exercising powers or performing functions or duties under this Part, if that assistance is necessary and reasonable. A person giving such assistance is a person assisting the inspector.

(2) A person assisting the marine safety inspector:

(a) may enter the premises; and

(b) may exercise powers and perform functions and duties under this Part; and

(c) must do so in accordance with a direction given by the inspector to the person assisting.

(3) In executing a warrant, a person assisting the marine safety inspector may use such force against things as is necessary and reasonable in the circumstances.

(4) A power exercised by a person assisting the marine safety inspector as mentioned in subsection (2) is taken for all purposes to have been exercised by the inspector.

(5) A function or duty performed by a person assisting the marine safety inspector as mentioned in subsection (2) is taken for all purposes to have been performed by the inspector.

Division 5—Obligations and incidental powers of marine safety inspectors