99Monitoring domestic commercial vessels

#### 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: (a) the equipment; or (b) a disk, tape or other storage device that: (i) is on the vessel; and (ii) can be used with the equipment or is associated with it; 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.