230ZAccess to seized things

230Z Access to seized things (1) If a thing is seized under Division 2 or Division 3, the port safety officer who seized the thing must, if practicable, allow the person who would normally be entitled to possession of it reasonable access to it while it remains in the possession, or under the control, of the port safety officer. (2) This section does not apply if the port safety officer has given the person an accurate copy of the thing. S. 230ZA inserted by No. 93/2009 s. 15. 230ZA Retention and return of seized documents or things (1) If a port safety officer seizes a document or other thing under this Part, the port safety officer must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists. (2) If the document or thing seized has not been returned within 3 months after it was seized, the port safety officer must take reasonable steps to return it unless— (a) proceedings for the purpose for which the document or thing was seized or retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or (b) the Magistrates' Court makes an order under section 230ZB extending the period during which the document or thing may be retained. S. 230ZB inserted by No. 93/2009 s. 15. 230ZB Magistrates' Court may extend 3 month period (1) A port safety officer may apply to the Magistrates' Court within 3 months after seizing a document or thing under Division 2 or Division 3 for an extension (not exceeding 3 months) of the period for which the port safety officer may retain the document or thing but so that the total period of retention does not exceed 12 months. (2) The Magistrates' Court may order such an extension if it is satisfied that the total period of retention of the document or thing does not exceed 12 months and that retention of the document or thing is necessary— (a) for the purpose of an investigation into whether a contravention of a hazardous port activity provision; or (b) to enable evidence of a contravention of a hazardous port activity provision to be obtained for the purpose of a proceeding under such a hazardous port activity provision. (3) The Magistrates' Court may adjourn an application to enable notice of the application to be given to any person. Pt 7A Div. 4A (Heading and ss 230ZBA, 230ZBB) inserted by No. 19/2010 s. 15. Division 4A—Port safety infringement notices S. 230ZBA inserted by No. 19/2010 s. 15. 230ZBA Port safety infringements (1) A port safety officer who has reason to believe that a person has committed a port safety infringement may serve a port safety infringement notice on that person. (2) An offence referred to in subsection (1) for which a port safety infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**. (3) The penalty for the purposes of this section in respect of any port safety infringement is the amount prescribed in respect of that infringement. S. 230ZBB inserted by No. 19/2010 s. 15. 230ZBB Regulations The Governor in Council may make regulations for or with respect to— (a) prescribing port safety infringements for which a port safety infringement notice may be served; and (b) in addition to the requirements of section 13 of the **Infringements Act 2006**, any particulars, not inconsistent with that Act, to be contained in a port safety infringement notice; and (c) the form of a withdrawal notice; and (d) the method of service of a withdrawal notice; and (e) the penalties for any port safety infringement; and (f) the form of the document setting out particulars of prior convictions; and (g) the form of notices to be endorsed on the document setting out particulars of prior convictions; and (h) generally prescribing any other matter or thing required or permitted by this Division to be prescribed or necessary to be prescribed to give effect to this Division. Division 5—General S. 230ZC inserted by No. 93/2009 s. 15. 230ZC Requirement to assist port safety officer during entry (1) A port safety officer who is exercising a power under and in accordance with Division 2 or 3 may require the occupier of the premises or master of a vessel— (a) to produce documents to the port safety officer; and (b) to give reasonable assistance to the port safety officer. (2) Without limiting subsection (1), the port safety officer may direct the person to find and gain access to electronically stored information. (3) A person to whom a direction is given under this section must not refuse or fail to comply with a direction under subsection (1) unless the person has a reasonable excuse. 1. 60 penalty units. (4) In proceedings for an offence against subsection (3), it is a reasonable excuse if the direction was unreasonable. (5) In proceedings for an offence against subsection (3), it is a defence if the person charged proves on the balance of probabilities that the direction or its subject-matter was outside the scope of the business or other activities of the person. S. 230ZD inserted by No. 93/2009 s. 15. 230ZD Protection against self-incrimination (1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person. (2) Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person. S. 230ZE inserted by No. 93/2009 s. 15. 230ZE Persons who may bring proceedings (1) A port safety officer may bring proceedings for an offence against a hazardous port activity provision. (2) A port safety officer may conduct before a court any proceedings for an offence against a hazardous port activity provision. Part VIII—Miscellaneous and transitional Division 1—Transfer of powers functions assets liabilities and staff