139Maritime security inspector powers—security regulated ships

#### 139 Maritime security inspector powers—security regulated ships (1) A maritime security inspector may exercise the powers set out in subsection (2) for the following purposes: (a) determining whether a person or a ship is complying with this Act; (b) investigating a possible contravention of this Act; (c) identifying the existence, or extent, of: (i) a flaw in a maritime security system; or (ii) a vulnerability in a maritime security system. (2) For the purposes set out in subsection (1), a maritime security inspector may do one or more of the following: (a) board and inspect a security regulated ship (including any restricted access area on the ship); (b) inspect equipment on the ship; (ba) make any still or moving image or any recording of equipment on the ship; (c) observe and record operating procedures for the ship (whether carried out by the crew or some other person); (d) discuss those procedures with a person carrying them out or with another maritime industry participant; (e) inspect, photograph or copy one or more of the following: (i) the ship’s ISSC; (ii) a ship security record for the ship; (iii) a document or record held on the ship that relates to a passenger or an item of cargo; (iv) in the case of a regulated Australian ship—any document that relates to the security of the ship; (f) operate equipment on a security regulated ship for the purposes of gaining access to a document or record relating to the ship; (g) test a security system for the ship in accordance with the requirements prescribed by the regulations for the purposes of this paragraph, including by: (i) using an item, test weapon, vehicle or vessel to test its detection; and (ii) operating, or connecting to, equipment (including electronic equipment) on the ship or at any other place in Australia. > Note: A maritime security inspector must ensure that the exercise of the power under paragraph (g) does not seriously endanger the health or safety of any person, or the inspector will not be immune from civil or criminal liability (see subsection (4)). (2A) However, a power under paragraph (2)(g) must not be exercised unless regulations prescribing requirements for conducting tests of security systems have been made for the purposes of that paragraph and are in force. (2B) For the purposes of paragraph (2)(g), it is immaterial whether the testing of a security system for a security regulated ship is done: (a) on the ship; or (b) at any other place in Australia. (3) In exercising a power under this section, a maritime security inspector must not subject a person to greater indignity than is necessary and reasonable for the exercise of the power. Power to test a security system—immunity (4) A maritime security inspector is not subject to any civil or criminal liability under a law of the Commonwealth, a State or a Territory in relation to the exercise of a power under paragraph (2)(g) to the extent that the exercise of the power: (a) is in good faith; and (b) does not seriously endanger the health or safety of any person; and (c) does not result in significant loss of, or serious damage to, property. > Note: A defendant bears an evidential burden in relation to the matter in this subsection for a criminal proceeding (see subsection 13.3(3) of the Criminal Code). (5) A person who wishes to rely on subsection (4) in relation to a civil proceeding bears an evidential burden in relation to that matter. (6) In this section: > evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.