190AAPowers of inspection of surveyors

#### 190AA Powers of inspection of surveyors (1) A surveyor may at any reasonable time go on board a ship and inspect the ship and any part of the ship, including the hull, boilers, machinery and equipment of the ship, and may require the certificates of the master or of any officer of the ship, or any certificate or other document relating to the ship, to be produced to him or her. (2) The powers of a surveyor under subsection (1) extend, subject to section 227E, to the inspection of a ship for the purpose of ascertaining whether the ship complies with such of the provisions of this Act and the regulations and orders relating to load lines as apply to the ship and whether the ship is overloaded, and to requiring the production to him or her of any certificate relating to load lines issued in respect of the ship. (2AA) The powers of a surveyor under subsection (1) extend to: (a) the inspection of a ship for the purpose of ascertaining whether the ship complies with such of the provisions of: (i) this Act, the regulations and orders; and (ii) Part VA of the Shipping Registration Act 1981; relating to the working and living conditions of the seamen on board the ship and of the master of the ship as apply to the ship; and (b) requiring the production to the surveyor of any document relating to those conditions. (2AB) The powers of a surveyor under subsection (1) extend to: (a) the inspection of a ship for the purpose of ascertaining whether the ship complies with section 33A of the Shipping Registration Act 1981 (which is about registration conditions for certain ships); and (b) requiring the production to the surveyor of any document relating to compliance with that section. (2AC) Subsections (2), (2AA) and (2AB) do not limit subsection (1). (2A) A person who fails to comply with any requirement made by a surveyor under subsection (1), (2), (2AA) or (2AB) commits an offence punishable on conviction by a fine not exceeding 60 penalty units. (2B) An offence against subsection (2A) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (3) Where the Authority receives the report of a surveyor who has carried out, or proposes to carry out, an inspection of a ship under this section, it may, if it considers it necessary so to do, require the ship to be taken into dock or otherwise dealt with so that a surveyor can inspect the hull, boilers, machinery or equipment of the ship. (4) If: (a) the Authority requires a ship to be taken into dock or otherwise dealt with under subsection (3); and (b) the person to whom the requirement was given does not comply with that requirement; the person commits an offence punishable on conviction by imprisonment for a period not exceeding 2 years. (5) Subsection (2A) or (4) does not apply if the person has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).