90Evidence of marine incidents

90 Evidence of marine incidents

Preservation of evidence by persons on board vessel

(a) a domestic commercial vessel is involved in a marine incident; and

(b) the person does not, so far as reasonably practicable, preserve any material that may be relevant to an investigation of the marine incident.

Vessel owner’s duty to ensure preservation of evidence

(2) The owner of a domestic commercial vessel commits an offence if:

(b) the owner does not take all reasonable steps to ensure the preservation of any material that may be relevant to an investigation of the marine incident.

Part 6—Powers of marine safety inspectors

Division 1—Appointment of marine safety inspectors etc.

91 Appointment of marine safety inspectors

(1) The National Regulator may, in writing, appoint either of the following as a marine safety inspector:

(a) an officer or employee of an agency of the Commonwealth;

(b) an officer or employee of an agency of a State or Territory.

(2) A marine safety inspector may exercise all of the powers of a marine safety inspector under this Law, or such of those powers as are specified in the inspector’s instrument of appointment.

(3) The National Regulator must not appoint a person as a marine safety inspector unless the National Regulator is satisfied that the person has suitable qualifications or experience to properly exercise the powers of an inspector.

(4) The National Regulator must not appoint an officer or employee of an agency of a State or Territory as a marine safety inspector without the agreement of the State or Territory.

(5) In exercising his or her powers or performing his or her functions as a marine safety inspector, the inspector must comply with any direction of the National Regulator.