105Enforcement powers

#### 105 Enforcement powers (1) If a marine safety inspector has reasonable grounds for suspecting that there may be evidential material on any premises, the inspector may exercise the following powers (the enforcement powers) in relation to the premises: (a) if entry to the premises is with the occupier’s consent—the power to search the premises and any thing on the premises for the evidential material the inspector has reasonable grounds for suspecting may be on the premises; (b) if entry to the premises is under an enforcement warrant: (i) the power to search the premises and any thing on the premises for the kind of evidential material specified in the warrant; and (ii) the power to seize evidential material of that kind if the inspector finds it on the premises; (c) the power to inspect, examine, take measurements of, conduct tests on or take samples of evidential material referred to in paragraph (a) or (b); (d) the power to make any still or moving image or any recording of the premises or evidential material referred to in paragraph (a) or (b); (e) 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; (f) the power to require a person on the premises to demonstrate the operation of machinery or equipment on the premises; (g) the powers set out in subsections (2), (3) and (6). > Note: Division 7 requires marine safety inspectors to deal with seized things in certain ways. (2) The enforcement 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 evidential material referred to in subsection (1)(a) or (b). (3) The enforcement powers include the following powers exercisable when on or leaving premises in relation to evidential material described in subsection (2) found in the exercise of the power under that subsection: (a) if entry to the premises is under an enforcement warrant—the power to seize the equipment and the disk, tape or other storage device referred to in that subsection; (b) the power to operate electronic equipment on the premises to put the evidential material in documentary form and remove the documents so produced from the premises; (c) the power to operate electronic equipment on the premises to transfer the evidential material 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. (4) A marine safety inspector may operate electronic equipment as mentioned in subsection (2) or (3) only if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment. (5) A marine safety inspector may seize equipment or a disk, tape or other storage device as mentioned in subsection (3)(a) only if: (a) it is not practicable to put the evidential material in documentary form as mentioned in subsection (3)(b) or to transfer the evidential material as mentioned in subsection (3)(c); or (b) possession of the equipment or the disk, tape or other storage device by the occupier could constitute an offence against a law of the Commonwealth, a State or a Territory. (6) If: (a) entry to the premises is under an enforcement warrant; and (b) the marine safety inspector, in the course of searching for the kind of evidential material specified in the warrant, finds a thing that the inspector believes on reasonable grounds to be other evidential material; and (c) the inspector believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction; then the enforcement powers include seizing the thing.