62Power of entry

62 Power of entry

(1) Subject to subsections (2), (3) and (4), an inspector may board a sea installation, at any reasonable time during the day or night, for the purpose of ascertaining whether there has been or is a contravention of this Act or of the regulations and may: (a) enter into and search any part of the installation; (b) take on to the installation, and into any part of the installation, such equipment and materials as the inspector requires for the purpose of exercising his or her powers under this section; (c) inspect, examine, take measurements of or conduct tests concerning any structure, plant, substance or other thing on the installation; (d) take photographs, or make sketches, of the installation, any part of the installation or any structure, plant, substance or other thing on the installation; (e) record any occurrences on the installation or in any part of the installation; (f) inspect, take extracts from or make copies of any books, records or documents relating to the installation or activities undertaken on the installation; or (g) direct that the installation, or any part of the installation, be left undisturbed for a specified period. (2) Subject to subsections (3) and (4), an inspector shall not board a sea installation under subsection (1) unless: (b) the operator of the installation has consented to the inspector boarding the installation; (c) the inspector is authorised, under a warrant issued under subsection (4), to board the installation; or (d) the inspector believes on reasonable grounds that there exists on the installation a state of affairs constituting a risk to human life or that serious damage to the installation or to the environment has occurred or is imminent. (3) Subject to subsection (4), an inspector shall not enter any part of a sea installation that is residential or sleeping quarters (however designated), unless: (a) the occupier of the quarters consents to the inspector entering those quarters; (b) the inspector is authorised, under a warrant issued under subsection (4), to enter those quarters; or (c) the inspector believes on reasonable grounds that entry into, and exercise of the powers of an inspector under paragraphs (1)(a) to (g) (inclusive) in respect of, the quarters will reveal a state of affairs constituting a risk to human life or will reveal that serious damage to the installation or to the environment has occurred or is imminent. (4) If, on an application made by an inspector, a Magistrate is satisfied by information on oath, that it is reasonably necessary that the inspector should, for the purposes of exercising the powers of the inspector under paragraphs (1)(a) to (g) (inclusive) in relation to a sea installation or to a particular part of a sea installation, have access to an installation, or to that part of the installation, the Magistrate may issue a warrant authorising the inspector (whether or not named in the warrant), with such assistance, and by such force, as is necessary and reasonable: (a) to board the installation or enter that part of the installation, as the case may be; and (b) to exercise those powers in relation to the sea installation or to that part of the sea installation. (5) Immediately upon boarding a sea installation under subsection (1), an inspector shall take all reasonable steps to notify the person in charge of the installation of the purpose for which the inspector has boarded the installation, and shall produce his or her identity card for inspection by the person upon being requested to do so. (6) There shall be stated in a warrant issued under subsection (4): (a) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and (b) a day, not being later than one month after the date of issue of the warrant, at the end of which the warrant ceases to have effect. (7) Where it is reasonably necessary for the purpose of inspecting, examining, taking measurements for or conducting tests concerning any structure, plant, substance or thing on a sea installation, an inspector may, in the exercise of his or her powers under paragraph (1)(c): (a) take possession of the structure, plant, substance or thing and remove it from the installation; or (b) take a sample from the structure, plant, substance or thing and remove the sample from the installation. (8) Where, because of circumstances of urgency, it is necessary to do so, the inspector may make application by telephone to a Magistrate for the issue of a warrant under subsection (4). (9) Before making an application under subsection (8), an inspector shall prepare an information that sets out the grounds on which the issue of the warrant is being sought, but may, if it is necessary to do so, make the application before the information has been sworn. (10) Where a Magistrate issues a warrant under subsection (4) upon an application under subsection (8) by an inspector: (a) the Magistrate shall: (i) complete and sign the warrant; (ii) inform the inspector of the terms of the warrant and the date on which and the time at which it was signed; and (iii) record on the warrant the reasons for the issuing of the warrant on an application under subsection (8); and (b) the inspector shall complete a form of warrant in terms furnished to the inspector by the Magistrate and write on it the name of the Magistrate and the date on which and the time at which it was signed. (11) Where an inspector completes a form of warrant in accordance with paragraph (10)(b), the inspector shall, not later than the day next following the day on which the warrant is to cease to have effect, send to the Magistrate who signed the warrant the form of the warrant completed by the inspector and the information duly sworn in connection with the warrant. (12) Upon receipt of the documents referred to in subsection (11), the Magistrate shall attach them to the warrant signed by the Magistrate and deal with the documents in the manner in which the Magistrate would have dealt with the information if the application for the warrant had been made under subsection (4). (13) A form of warrant duly completed in accordance with paragraph (10)(b) shall, if it is in accordance with the terms of the warrant issued by the Magistrate, be deemed to be a warrant issued under subsection (4). (14) A reference in this section to a contravention of this Act or of the regulations includes a reference to an offence against section 11.1, 11.2, 11.2A or 11.5 of the Criminal Code in relation to such a contravention.