Div 6APowers of authorised persons

Division 6A—Powers of authorised persons 137B—Interpretation (1) In this Division, unless the contrary intention appears— authorised person means— (a) a member of the South Australian police force; or (b) a person, or a person included in a class of persons, authorised to perform duties under this Division in accordance with subsection (2); exempt vessel, in relation to a safety zone, means a vessel— (a) that is excluded from the operation of section 118 in relation to that safety zone by virtue of the instrument establishing the safety zone; or (b) in respect of which there is in force a consent in writing of the Minister under section 118(1) in relation to that safety zone; Government vessel means a vessel that is beneficially owned by, or a vessel the whole possession and control of which is for the time being vested in, South Australia, another State, the Commonwealth, or a Territory of the Commonwealth or an authority of South Australia, another State, the Commonwealth or a Territory of the Commonwealth; master, in relation to a vessel, means the person having command or charge of the vessel; relevant vessel means a vessel— (a) that is registered under the Shipping Registration Act 1981 of the Commonwealth and the gross tonnage of which specified in the certificate of registration of the vessel exceeds 200; or (b) that is not registered under the Shipping Registration Act 1981 of the Commonwealth but is permitted to be registered under that Act (other than a vessel that, under the law of another country, is entitled to fly the flag of that country and is flying that flag), being a vessel the tonnage length of which is equal to or exceeds 24 metres; or (c) not being a vessel to which paragraph (a) or (b) applies, that is in the adjacent area for the purpose of exploring the sea-bed or subsoil of the adjacent area for petroleum or minerals or for the purpose of exploiting the natural resources, being petroleum or minerals, of that sea-bed or subsoil, but does not include a Government vessel; safety zone means an area that is a safety zone for the purposes of section 118. (2) The Minister may, by notice published in the Gazette, authorise a person, or a person included in a specified class of persons, to perform duties under this Division. (3) The reference in the definition of Government vessel in subsection (1) to an authority of South Australia, another State, the Commonwealth or a Territory of the Commonwealth shall be read as a reference to a body corporate established for a public purpose by or under a law of South Australia, another State, the Commonwealth or a Territory of the Commonwealth, as the case may be, other than— (b) the Western Australian Coastal Shipping Commission; or (c) the Transport Commission established under the Transport Act 1938 of Tasmania; or (d) a body corporate that is declared by regulations made under the Shipping Registration Act 1981 of the Commonwealth not to be a Government authority for the purposes of that Act. (4) For the purposes of this Division, the tonnage length of a ship shall be determined in the same manner as it is determined for the purposes of the Shipping Registration Act 1981 of the Commonwealth. 137C—Powers of authorised persons (1) Subject to subsection (3), an authorised 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 118; or (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; or (ii) require the master of the vessel to state whether there is in force in respect of the vessel a consent under section 118(1) and, if so, to produce the consent; or (iii) if the vessel is registered under the Shipping Registration Act 1981 of the Commonwealth—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; or (c) 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; or (d) require the master of a disabled vessel— (i) that is in a safety zone; or (ii) that is, or that the authorised 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 safety zone, to permit the vessel to be towed away from the safety zone or to accept the giving of such other assistance to the vessel as the person considers necessary; or (e) detain a vessel that the person has reasonable grounds to believe has been used in contravention of section 118. (2) A person shall not— (a) fail to facilitate by all reasonable means the boarding of a vessel by an authorised person pursuant to subsection (1); or (b) refuse to allow a search that is authorised under subsection (1) to be made by an authorised person; or (c) refuse or neglect to comply with a requirement made by an authorised person under subsection (1); or (d) when an authorised person requires the person to give information, pursuant to the powers of the authorised person under subsection (1)—give information that is, to the knowledge of the person, false or misleading in a material particular; or (e) resist or obstruct an authorised person who is acting pursuant to subsection (1). (3) The powers of an authorised person in relation to a vessel under subsection (1)(a), (b) and (e) shall not be exercised except— (a) pursuant to a warrant issued under section 137D; or (b) after obtaining the consent of the master of the vessel; or (c) in circumstances of seriousness and urgency, in accordance with section 137E. 137D—Search warrants (1) Where an information on oath is laid before a magistrate alleging that there are reasonable grounds to believe that a vessel has been used, is being used or is about to be used in contravention of section 118, and the information sets out those grounds and identifies the vessel, a magistrate may issue a warrant authorising an authorised person named in the warrant, with such assistance as the authorised person thinks necessary, to exercise all or any of the powers referred to in section 137C(1)(a), (b) and (e) in relation to that vessel. (2) A magistrate shall not issue a warrant under subsection (1) unless— (a) the informant or some other person has given to the magistrate either orally or by affidavit such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and (b) the magistrate is satisfied that there are reasonable grounds for issuing the warrant. (3) A warrant shall— (a) specify the purpose for which the warrant is issued; and (b) set out a description of the vessel in relation to which the warrant is issued; and (c) specify a day, not being later than 7 days after the day on which the warrant is issued, as being the day on which the warrant ceases to have effect. (4) In this section— magistrate includes a justice of the peace. 137E—Exercise of powers in serious circumstances An authorised person may exercise, in relation to a vessel, all or any of the powers referred to in section 137C(1)(a), (b) and (e) where— (a) the authorised person has reasonable grounds to believe that— (i) the vessel has been used, is being used or is about to be used in contravention of section 118; or (ii) the exercise of those powers is necessary to prevent damage being caused to any well, pipeline, structure or equipment in a safety zone; and (b) the circumstances are of such a serious nature as to require and justify the immediate exercise of those powers without the authority of a warrant issued under section 137D.