140EPowers of authorised persons

#### 140E Powers of authorised persons (1) Subject to subsection (3), an authorized person may: (a) board a vessel that the person has reasonable grounds to believe has been used, is being used or is about to be used in contravention of section 119 or 140D; (b) where the person has boarded a vessel in the exercise of powers under paragraph (a): (i) require any person on board the vessel to answer questions relating to the vessel or to the movements of the vessel; (ii) require the master of the vessel to state whether there is in force in respect of the vessel a consent under subsection 119(1) or an authorization under subsection 140C(2) and, if so, to produce the consent or authorization, as the case may be; (iii) if the vessel is registered under the Shipping Registration Act 1981—require the master of the vessel to produce the certificate of registration of the vessel; or (iv) search the vessel for any documents relating to the vessel or to the movements of the vessel; (c) require the master of a vessel, being a vessel: (i) that is, or that the person has reasonable grounds to believe is, a relevant vessel; (ii) that is in the area to be avoided otherwise than in accordance with an authorization in force in respect of the vessel under subsection 140C(2); and (iii) that is not an exempt vessel in relation to a prescribed safety zone; to take the vessel outside the area to be avoided; (d) require the master of a vessel, being a vessel that is in a safety zone and that is not an exempt vessel in relation to the safety zone, to take the vessel outside the safety zone; (e) require the master of a vessel, being a vessel: (i) that is in, or that is near, the area to be avoided; (ii) that the person has reasonable grounds to believe is a vessel of the kind referred to in paragraph (b) of the definition of relevant vessel in subsection 140A(1); (iii) in respect of which there is not in force an authorization under subsection 140C(2); and (iv) that is not an exempt vessel in relation to a prescribed safety zone; to permit the person to take measurements of the vessel; (f) require the master of a disabled vessel: (i) that is in the area to be avoided and that is, or that the person has reasonable grounds to believe is, a relevant vessel; (ii) that is in a safety zone; or (iii) that is, or that the person has reasonable grounds to believe is, a relevant vessel and that the person has reasonable grounds to believe is likely to cause damage to any well, pipeline, structure or equipment in the area to be avoided or in a safety zone; to permit the vessel to be towed away from the area to be avoided or the safety zone, as the case requires, or to accept the giving of such other assistance to the vessel as the person considers necessary; or (g) detain a vessel that the person has reasonable grounds to believe has been used in contravention of section 119 or 140D. (2) A person who: (a) fails to facilitate by all reasonable means the boarding of a vessel by an authorized person pursuant to subsection (1); (b) refuses to allow a search that is authorized under subsection (1) to be made by an authorized person; (c) refuses or neglects to comply with a requirement made by an authorized person under subsection (1); (d) when an authorized person requires the person to give information, pursuant to the powers of the authorized person under subsection (1)—gives information that is, to the knowledge of the person, false or misleading in a material particular; or (e) resists or obstructs an authorized person who is acting pursuant to subsection (1); is guilty of an offence punishable, on conviction, by a fine not exceeding 50 penalty units. (2A) An offence against paragraph (2)(a) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (3) The powers of an authorized person in relation to a vessel under paragraphs (1)(a), (b), (e) and (g) shall not be exercised except: (a) pursuant to a warrant issued under section 140F; (b) after obtaining the consent of the master of the vessel; or (c) in circumstances of seriousness and urgency, in accordance with section 140G.