104Monitoring premises

#### 104 Monitoring premises (1) A marine safety inspector may exercise one or more of the powers (the general monitoring powers) mentioned in subsection (2) in relation to premises for monitoring purposes (whether or not the inspector has reasonable grounds for suspecting that there may be evidential material on the premises). > Note: If the inspector has reasonable grounds for suspecting that there may be evidential material on the premises, section 105 gives the inspector extra powers relating to that material if he or she enters the premises with the occupier’s consent or under an enforcement warrant. (2) The general monitoring powers are as follows: (a) the power to search the premises and any thing on the premises; (b) the power to examine or observe any activity conducted on the premises; (c) the power to inspect, examine, take measurements of or conduct tests on any thing on the premises; (d) the power to make any still or moving image or any recording of the premises or any thing on the premises; (e) the power to inspect any document on the premises; (f) the power to take extracts from, or make copies of, any such document; (g) the power to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises; (h) the powers set out in subsections (3), (4) and (6). (3) The general monitoring powers include the power to operate electronic equipment on the premises to see whether: (a) the equipment; or (b) a disk, tape or other storage device that: (i) is on the premises; and (ii) can be used with the equipment or is associated with it; contains information (data) that is relevant for monitoring purposes. (4) The general monitoring powers include the following powers exercisable when on or leaving premises in relation to data found in the exercise of the power under subsections (1), (2) and (3): (a) the power to operate electronic equipment on the premises to put the data in documentary form and remove the documents so produced from the premises; (b) the power to operate electronic equipment on the premises to transfer the data to a disk, tape or other storage device that: (i) is brought to the premises for the exercise of the power; or (ii) is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises; and remove the disk, tape or other storage device from the premises. (5) A marine safety inspector may operate electronic equipment as mentioned in subsection (3) or (4) only if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment. (6) The general monitoring powers include the power to secure a thing on premises for up to 72 hours if: (a) the thing is found during the exercise of general monitoring powers on the premises; and (b) a marine safety inspector believes on reasonable grounds that: (i) the thing affords evidence of the commission of an offence against this Law; and (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and (iii) it is necessary to secure the thing without a warrant because the circumstances are serious and urgent. > Note: The period for which the thing is secured may be extended: see section 123.