QLDIn ForceAct
Transport Operations (Marine Pollution) Act 1995
sec.80Boarding of ships
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### sec.80 Boarding of ships
An authorised officer may board a ship at any time to find out whether this Act is being or has been complied with.
An authorised officer may also board a ship at any time if the officer has reasonable grounds for suspecting that—
the ship is being, or has been, used in the commission of an offence against this Act; or
the ship, or a document or other thing in or on the ship, may provide evidence of the commission of an offence against this Act.
However, an authorised officer must not board a ship if to do so would put the ship, or someone on the ship, at risk from damage or injury.
If the ship is moving or about to move, the authorised officer may signal the person in command of the ship or, if no person is in command of the ship, the person in control of the ship to stop the ship or not to move it.
To enable the ship to be boarded, the authorised officer may—
act with any necessary and reasonable help and force; and
require the person in control of the ship to give reasonable help to the officer.
A person must obey a signal under subsection (4) , unless the person has a reasonable excuse.
Maximum penalty—350 penalty units.
A person must comply with a requirement under subsection (5) (b) , unless the person has a reasonable excuse.
Maximum penalty—350 penalty units.
It is a reasonable excuse for a person to disobey a signal under subsection (4) if—
the person reasonably believes that to obey the signal immediately would put the ship, or someone on the ship, at risk from damage or injury; and
the person obeys the signal as soon as it is practicable to obey the signal.
(sec.80-ssec.1) An authorised officer may board a ship at any time to find out whether this Act is being or has been complied with.
(sec.80-ssec.2) An authorised officer may also board a ship at any time if the officer has reasonable grounds for suspecting that— the ship is being, or has been, used in the commission of an offence against this Act; or the ship, or a document or other thing in or on the ship, may provide evidence of the commission of an offence against this Act.
(sec.80-ssec.3) However, an authorised officer must not board a ship if to do so would put the ship, or someone on the ship, at risk from damage or injury.
(sec.80-ssec.4) If the ship is moving or about to move, the authorised officer may signal the person in command of the ship or, if no person is in command of the ship, the person in control of the ship to stop the ship or not to move it.
(sec.80-ssec.5) To enable the ship to be boarded, the authorised officer may— act with any necessary and reasonable help and force; and require the person in control of the ship to give reasonable help to the officer.
(sec.80-ssec.6) A person must obey a signal under subsection (4) , unless the person has a reasonable excuse. Maximum penalty—350 penalty units.
(sec.80-ssec.7) A person must comply with a requirement under subsection (5) (b) , unless the person has a reasonable excuse. Maximum penalty—350 penalty units.
(sec.80-ssec.8) It is a reasonable excuse for a person to disobey a signal under subsection (4) if— the person reasonably believes that to obey the signal immediately would put the ship, or someone on the ship, at risk from damage or injury; and the person obeys the signal as soon as it is practicable to obey the signal.
- (a) the ship is being, or has been, used in the commission of an offence against this Act; or
- (b) the ship, or a document or other thing in or on the ship, may provide evidence of the commission of an offence against this Act.
- (a) act with any necessary and reasonable help and force; and
- (b) require the person in control of the ship to give reasonable help to the officer.
- (a) the person reasonably believes that to obey the signal immediately would put the ship, or someone on the ship, at risk from damage or injury; and
- (b) the person obeys the signal as soon as it is practicable to obey the signal.