sec.72Power to stop and search vessels, vehicles and aircraft

### sec.72 Power to stop and search vessels, vehicles and aircraft This section applies— to enable an inspector to board or enter a vessel, vehicle or aircraft to find out whether this Act is being complied with; or if an inspector has reasonable grounds for suspecting— a vessel, vehicle or aircraft is being, or has been, used in the commission of an offence against this Act; or the vessel, vehicle or aircraft, or anything in or on it, may provide evidence of the commission of an offence against this Act. The inspector may, with necessary and reasonable help and force and without the consent of the owner or person in control of the vessel, vehicle or aircraft or a warrant— board or enter the vessel, vehicle or aircraft; and exercise the powers set out in section 66 (3) . However, before boarding or entering an unattended vessel, vehicle or aircraft under this section, the inspector must take reasonable steps to advise its owner, or the person in control of it, of the intention to board or enter. After boarding or entering an unattended vessel, vehicle or aircraft under this section, the inspector must attach or leave, in a conspicuous place in the vessel, vehicle or aircraft a notice stating— when the vessel, vehicle or aircraft was boarded or entered; and why it was boarded or entered; and what powers mentioned in section 66 (3) were exercised; and what the exercise of the powers involved. The inspector must not enter a part of a vessel, vehicle or aircraft used only as a living area, or exercise a power set out in section 66 (3) in relation to that part, unless the inspector is accompanied by the person in control of the vessel, vehicle or aircraft. Subsection (5) does not apply if the person in control is unavailable or unwilling to accompany the inspector or the inspector is unable for another reason to comply with the subsection. If— the vessel or vehicle is moving or about to move; or the aircraft is moving, or about to move, on the ground; the inspector may signal the driver or the person in control of the vessel, vehicle or aircraft, to stop or not to move it. The inspector may require the person to stop and not to move the vessel, vehicle or aircraft only for as long as is reasonably necessary for the inspector to exercise the inspector’s powers under this Act in relation to the vessel, vehicle or aircraft. A person must not disobey a signal given under subsection (7) , unless the person has a reasonable excuse. Maximum penalty for subsection (9) —100 penalty units. It is a reasonable excuse for the person to fail to stop or to move the vessel, vehicle or aircraft if— to immediately obey the signal would have endangered the person or someone else; and the person obeys the signal as soon as it is practicable to obey the signal. (sec.72-ssec.1) This section applies— to enable an inspector to board or enter a vessel, vehicle or aircraft to find out whether this Act is being complied with; or if an inspector has reasonable grounds for suspecting— a vessel, vehicle or aircraft is being, or has been, used in the commission of an offence against this Act; or the vessel, vehicle or aircraft, or anything in or on it, may provide evidence of the commission of an offence against this Act. (sec.72-ssec.2) The inspector may, with necessary and reasonable help and force and without the consent of the owner or person in control of the vessel, vehicle or aircraft or a warrant— board or enter the vessel, vehicle or aircraft; and exercise the powers set out in section 66 (3) . (sec.72-ssec.3) However, before boarding or entering an unattended vessel, vehicle or aircraft under this section, the inspector must take reasonable steps to advise its owner, or the person in control of it, of the intention to board or enter. (sec.72-ssec.4) After boarding or entering an unattended vessel, vehicle or aircraft under this section, the inspector must attach or leave, in a conspicuous place in the vessel, vehicle or aircraft a notice stating— when the vessel, vehicle or aircraft was boarded or entered; and why it was boarded or entered; and what powers mentioned in section 66 (3) were exercised; and what the exercise of the powers involved. (sec.72-ssec.5) The inspector must not enter a part of a vessel, vehicle or aircraft used only as a living area, or exercise a power set out in section 66 (3) in relation to that part, unless the inspector is accompanied by the person in control of the vessel, vehicle or aircraft. (sec.72-ssec.6) Subsection (5) does not apply if the person in control is unavailable or unwilling to accompany the inspector or the inspector is unable for another reason to comply with the subsection. (sec.72-ssec.7) If— the vessel or vehicle is moving or about to move; or the aircraft is moving, or about to move, on the ground; the inspector may signal the driver or the person in control of the vessel, vehicle or aircraft, to stop or not to move it. (sec.72-ssec.8) The inspector may require the person to stop and not to move the vessel, vehicle or aircraft only for as long as is reasonably necessary for the inspector to exercise the inspector’s powers under this Act in relation to the vessel, vehicle or aircraft. (sec.72-ssec.9) A person must not disobey a signal given under subsection (7) , unless the person has a reasonable excuse. Maximum penalty for subsection (9) —100 penalty units. (sec.72-ssec.10) It is a reasonable excuse for the person to fail to stop or to move the vessel, vehicle or aircraft if— to immediately obey the signal would have endangered the person or someone else; and the person obeys the signal as soon as it is practicable to obey the signal. - (a) to enable an inspector to board or enter a vessel, vehicle or aircraft to find out whether this Act is being complied with; or - (b) if an inspector has reasonable grounds for suspecting— (i) a vessel, vehicle or aircraft is being, or has been, used in the commission of an offence against this Act; or (ii) the vessel, vehicle or aircraft, or anything in or on it, may provide evidence of the commission of an offence against this Act. - (i) a vessel, vehicle or aircraft is being, or has been, used in the commission of an offence against this Act; or - (ii) the vessel, vehicle or aircraft, or anything in or on it, may provide evidence of the commission of an offence against this Act. - (i) a vessel, vehicle or aircraft is being, or has been, used in the commission of an offence against this Act; or - (ii) the vessel, vehicle or aircraft, or anything in or on it, may provide evidence of the commission of an offence against this Act. - (a) board or enter the vessel, vehicle or aircraft; and - (b) exercise the powers set out in section 66 (3) . - (a) when the vessel, vehicle or aircraft was boarded or entered; and - (b) why it was boarded or entered; and - (c) what powers mentioned in section 66 (3) were exercised; and - (d) what the exercise of the powers involved. - (a) the vessel or vehicle is moving or about to move; or - (b) the aircraft is moving, or about to move, on the ground; - (a) to immediately obey the signal would have endangered the person or someone else; and - (b) the person obeys the signal as soon as it is practicable to obey the signal.