sec.282TMoving contravening property

### sec.282T Moving contravening property This section applies if— an authorised officer of a port authority or port lessor reasonably believes that a ship, a vehicle, goods or rolling stock in a port or at a port facility is contravening property; and the authorised officer reasonably believes that it is necessary to move the contravening property having regard to— the efficient operation of the port; or the safety or security of the port, its users or a port entity’s employees; and the authorised officer— can not immediately find the person in charge of the contravening property; or reasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately. The authorised officer may— take steps necessary and reasonable to have the contravening property moved; and if the contravening property is property in the form of goods that are perishable, or of little or no value, treat the goods as abandoned property under part 4B . However, for contravening property that is rolling stock, the authorised officer must not move the rolling stock if a train controller is satisfied that the movement of the rolling stock would cause an immediate threat to— the safety of the railway; or the public using it or who may use it. In this section— contravening property means a ship, a vehicle, goods or rolling stock, that is moored, parked or left in a port or at a port facility in contravention of— a requirement of a port notice; or a direction of an authorised officer under division 3 . person in charge , of contravening property, means— for contravening property that is a ship—the ship’s master or another person in charge of the ship; or for contravening property that is a vehicle or rolling stock—the driver of the vehicle or rolling stock or another person in charge of the vehicle or rolling stock; or for contravening property that is property in the form of goods—the owner of the goods or another person in charge of the goods. s 282T ins 2005 No. 22 s 11 amd 2008 No. 46 s 150 ; 2010 No. 19 s 106 (sec.282T-ssec.1) This section applies if— an authorised officer of a port authority or port lessor reasonably believes that a ship, a vehicle, goods or rolling stock in a port or at a port facility is contravening property; and the authorised officer reasonably believes that it is necessary to move the contravening property having regard to— the efficient operation of the port; or the safety or security of the port, its users or a port entity’s employees; and the authorised officer— can not immediately find the person in charge of the contravening property; or reasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately. (sec.282T-ssec.2) The authorised officer may— take steps necessary and reasonable to have the contravening property moved; and if the contravening property is property in the form of goods that are perishable, or of little or no value, treat the goods as abandoned property under part 4B . (sec.282T-ssec.3) However, for contravening property that is rolling stock, the authorised officer must not move the rolling stock if a train controller is satisfied that the movement of the rolling stock would cause an immediate threat to— the safety of the railway; or the public using it or who may use it. (sec.282T-ssec.4) In this section— contravening property means a ship, a vehicle, goods or rolling stock, that is moored, parked or left in a port or at a port facility in contravention of— a requirement of a port notice; or a direction of an authorised officer under division 3 . person in charge , of contravening property, means— for contravening property that is a ship—the ship’s master or another person in charge of the ship; or for contravening property that is a vehicle or rolling stock—the driver of the vehicle or rolling stock or another person in charge of the vehicle or rolling stock; or for contravening property that is property in the form of goods—the owner of the goods or another person in charge of the goods. - (a) an authorised officer of a port authority or port lessor reasonably believes that a ship, a vehicle, goods or rolling stock in a port or at a port facility is contravening property; and - (b) the authorised officer reasonably believes that it is necessary to move the contravening property having regard to— (i) the efficient operation of the port; or (ii) the safety or security of the port, its users or a port entity’s employees; and - (i) the efficient operation of the port; or - (ii) the safety or security of the port, its users or a port entity’s employees; and - (c) the authorised officer— (i) can not immediately find the person in charge of the contravening property; or (ii) reasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately. - (i) can not immediately find the person in charge of the contravening property; or - (ii) reasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately. - (i) the efficient operation of the port; or - (ii) the safety or security of the port, its users or a port entity’s employees; and - (i) can not immediately find the person in charge of the contravening property; or - (ii) reasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately. - (a) take steps necessary and reasonable to have the contravening property moved; and - (b) if the contravening property is property in the form of goods that are perishable, or of little or no value, treat the goods as abandoned property under part 4B . - (a) the safety of the railway; or - (b) the public using it or who may use it. - (a) a requirement of a port notice; or - (b) a direction of an authorised officer under division 3 . - (a) for contravening property that is a ship—the ship’s master or another person in charge of the ship; or - (b) for contravening property that is a vehicle or rolling stock—the driver of the vehicle or rolling stock or another person in charge of the vehicle or rolling stock; or - (c) for contravening property that is property in the form of goods—the owner of the goods or another person in charge of the goods.