94 Obstructing or hindering a marine safety inspector
A person must not obstruct or hinder a marine safety inspector in the exercise of his or her powers under this Law.
Division 2—Entry, search, seizure, detention and information‑gathering powers
Subdivision A—Powers to facilitate boarding with or without consent or warrant
95 Requirement to facilitate boarding
(1) A marine safety inspector may require a person to take reasonable steps to facilitate the boarding of a vessel under this Part.
(2) A requirement under subsection (1) may be made by any reasonable means.
(3) The requirement is made whether or not the person in charge of the vessel understands or is aware of the requirement.
Offence—non‑compliance with requirement
(5) Subsection (4) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see section 13.3(3) of the Criminal Code).
(6) An offence against subsection (4) is an offence of strict liability.
96 Entering certain premises for access to domestic commercial vessel
(1) A marine safety inspector may enter any premises that are a structure, building or place, and are not used as a residence, to gain access to a domestic commercial vessel for a purpose referred to in section 97(1).
(2) Subsection (1) does not authorise a marine safety inspector to enter premises unless:
(a) if the inspector has been appointed under section 91—the inspector has shown his or her identity card if required by the occupier; or
(b) if the inspector is a member of the Australian Federal Police or of the police force (however described) of a State or a Territory—the inspector is in uniform, or has shown his or her police identification if required by the occupier.
(3) A marine safety inspector is not required to comply with subsection (2) if he or she believes on reasonable grounds that to do so would endanger a person.
(4) If:
(a) a marine safety inspector does not comply with subsection (2) because of subsection (3); and
the inspector must show his or her identity card to the occupier or other person, as soon as practicable after entering the premises.
Subdivision B—Powers relating to vessels, exercisable without consent or warrant
97 Boarding a vessel
(1) A marine safety inspector may board a vessel for any of the following purposes:
(a) to ask questions under section 98;
(b) monitoring purposes;
(c) to issue an improvement notice or prohibition notice to a person;
Section 94 - Marine (Domestic Commercial Vessel National Law Application) Act 2013 - Obstructing or hindering a marine safety inspector | Zoe
(d) if the regulations referred to in section 138 provide for a marine safety inspector to issue infringement notices, or notices relating to the issue of infringement notices—to issue such a notice;
(e) to give a person a notice under section 101;
(f) to give a direction under section 109.
(2) If:
(a) the inspector has been appointed under section 91; and
(b) the master of the vessel requests the inspector to produce identification;
the inspector must produce his or her identity card.
(3) If:
(a) the inspector is a member of the Australian Federal Police or of the police force (however described) of a State or a Territory and is not in uniform; and
(b) the master of the vessel requests the inspector to produce identification;
the inspector must produce his or her police identification.
(4) If the marine safety inspector fails to produce the identity card or police identification, the inspector must:
(a) leave the vessel; and
(b) not re‑board the vessel without producing the identity card or police identification or wearing police uniform.
(5) A marine safety inspector is not required to comply with subsection (2), (3) or (4) if he or she believes on reasonable grounds that to do so would endanger a person.
(6) If a marine safety inspector does not comply with subsection (2) or (3) because of subsection (5), the inspector must, as soon as practicable after the request was made, show his or her identity card or police identification to the master.
98 Requiring master of a vessel to answer questions about the nature of the vessel
(1) A marine safety inspector may require the master of a vessel to:
(a) answer questions put by the inspector about the nature or operations of the vessel; and
(b) produce any books, records or documents about the nature or operations of the vessel requested by the inspector.
(3) Subsection (2) does not apply if the person has a reasonable excuse.
99 Monitoring domestic commercial vessels
(1) A marine safety inspector may exercise one or more of the powers (the vessel monitoring powers) mentioned in subsection (2) in relation to a domestic commercial vessel for monitoring purposes, whether or not the inspector is on board the vessel (and whether or not the inspector has reasonable grounds for suspecting that there may be evidential material on the vessel).
Note 1: For example, a marine safety inspector could require a person on board a domestic commercial vessel to show him or her the safety equipment on board the vessel, even if the inspector was in another vessel.
Note 2: If the inspector has reasonable grounds for suspecting that there may be evidential material on the vessel, section 105 gives the inspector extra powers relating to that material if he or she boards the vessel with the occupier’s consent or under an enforcement warrant. Also, section 100 gives the inspector some powers relating to evidential material found on the vessel by the exercise of the vessel monitoring powers.
(2) The vessel monitoring powers are as follows:
(a) the power to search the vessel and any thing on the vessel;
(b) the power to examine or observe any activity conducted on the vessel;
(c) the power to inspect, examine, take measurements of or conduct tests on any thing on the vessel;
(d) the power to make any still or moving image or any recording of the vessel or any thing on the vessel;
(e) the power to inspect any document on the vessel;
(f) the power to take extracts from, or make copies of, any such document;
(g) the power to take onto the vessel such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the vessel;
(h) the power to require a person on the vessel to show, or demonstrate the operation of, machinery or equipment on the vessel;
(i) the power to require a person on the vessel to give a marine safety inspector one or more of the following:
(i) the person’s name;
(ii) the person’s residential address;
(iii) the person’s date of birth;
(iv) evidence of the person’s identity;
(j) the powers set out in subsections (3), (4) and (5).
Note: Failure to comply with a requirement is an offence: see section 102.
(3) The vessel monitoring powers include the power to require (by any reasonable means) the master of the vessel to do one or more of the following:
(a) stop or manoeuvre the vessel;
(b) adopt a specified course or speed;
(c) maintain a specified course or speed;
(d) take the vessel to a specified place.
Note: Failure to comply with a requirement is an offence: see section 102.
(4) The vessel monitoring powers include the power, when on the vessel, to operate electronic equipment on the vessel to see whether:
(i) is on the vessel; and
contains information (data) that is relevant for monitoring purposes.
(5) The vessel monitoring powers include the following powers exercisable when on or leaving the vessel in relation to data found in the exercise of the power under subsections (1), (2) and (4):
(a) the power to operate electronic equipment on the vessel to put the data in documentary form and remove the documents so produced from the vessel;
(b) the power to operate electronic equipment on the vessel to transfer the data to a disk, tape or other storage device that:
(i) is brought onto the vessel for the exercise of the power; or
(ii) is on the vessel and the use of which for that purpose has been agreed in writing by the occupier of the vessel;
and remove the disk, tape or other storage device from the vessel.
(6) A marine safety inspector may operate electronic equipment as mentioned in subsection (4) or (5) only if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.
100 Sampling, securing or seizing things found using vessel monitoring powers
(1) This section applies if:
(a) a thing is found during the exercise of vessel monitoring powers in relation to a domestic commercial vessel; and
(b) a marine safety inspector believes on reasonable grounds that:
(i) the thing is evidential material; and
(ii) any of the powers under this section needs to be exercised without a warrant, either because of serious and urgent circumstances or because it is not practicable to obtain a warrant, in order to prevent concealment, loss or destruction of the evidential material.
Note: For example, it may be necessary to seize evidential material after a marine incident in order to prevent destruction of evidential material relevant to the marine incident.
(2) The marine safety inspector may take a sample of the thing and remove the sample from the domestic commercial vessel.
(3) The marine safety inspector may secure the thing for up to 72 hours.
Note: That period may be extended: see section 123.
(4) The marine safety inspector may seize the thing.
(5) However, if the thing is equipment, or a disk, tape or other storage device, that has been operated under section 99(4), the marine safety inspector may seize the thing only if:
(a) it is not practicable to put all the evidential material the thing contains in documentary form as mentioned in section 99(5)(a) or to transfer all that evidential material as mentioned in section 99(5)(b); or
(b) possession of the equipment or the disk, tape or other storage device by the occupier of the vessel could constitute an offence against a law of the Commonwealth, a State or a Territory.
Note: Division 7 requires marine safety inspectors to deal with seized things in certain ways.
(6) If the marine safety inspector exercises a power under this section on the basis that he or she believes on reasonable grounds the power needs to be exercised without a warrant because it is not practicable to obtain a warrant, he or she must give the National Regulator a report describing:
(a) the exercise of the power; and
(b) the grounds for his or her belief.
101 Detaining domestic commercial vessels
(1) A marine safety inspector may detain a domestic commercial vessel and bring it, or cause it to be brought, to a port, or to another place that he or she considers appropriate, if the inspector reasonably suspects that the vessel is, will be or has been involved in a contravention, either in or outside Australia, of this Law.
(2) If a marine safety inspector detains a domestic commercial vessel under subsection (1), the inspector must give written notice, within 14 days, to:
(a) the person who holds the certificate of operation for the vessel; or
(b) if no such person is able to be located—the person who had possession or control of the vessel immediately before it was detained.
(3) If the marine safety inspector cannot conveniently give the notice in person, the inspector may give the notice by fixing the notice to a prominent part of the vessel.
(4) The notice must:
(a) identify the vessel; and
(b) state that the vessel has been detained; and
(c) specify the reason for this; and
(d) specify contact details of a marine safety inspector who can provide further information; and
(e) include information about the return of the vessel.
(5) The regulations may make provision for and in relation to the return of detained vessels, including:
(a) the steps that must be taken to return detained vessels; and
(b) the persons to whom detained vessels are to be returned.
Note: Division 7 deals with costs of detention and disposal of vessels that cannot be returned.
(6) A person commits an offence if:
(a) the person operates a vessel, or causes or permits the operation of a vessel, that has been detained under subsection (1); and
(b) the vessel has not been released from detention; and
(c) a marine safety inspector has not consented to the operation of the vessel by the person.
102 Offence—not complying with requirement made under section 99
(a) a requirement is made of the person:
(i) under section 99(2)(h) (to show, or demonstrate the operation of, machinery or equipment on a domestic commercial vessel); or
(ii) under section 99(2)(i) (to give a marine safety inspector the person’s name, the person’s residential address, the person’s date of birth or evidence of the person’s identity); or
(iii) under section 99(3) (to stop or manoeuvre a vessel, adopt or maintain a specified course or speed or take a vessel to a specified place); and
(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).
(a) a requirement is made of the person under section 99(2)(i) to give a marine safety inspector the person’s name, the person’s residential address, the person’s date of birth or evidence of the person’s identity; and
(b) the person gives a name, address, date or evidence of the person’s identity; and
(c) the name, address, date or evidence is false or misleading in a material particular.
(4) An offence against subsection (1) or (3) is an offence of strict liability.
Subdivision C—Powers relating to any premises, exercisable with consent or warrant