QLDIn ForceAct
Transport Operations (Marine Pollution) Act 1995
sec.81Authorised officer’s general powers for ships and places
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### sec.81 Authorised officer’s general powers for ships and places
An authorised officer who boards a ship or enters a place under this part may—
search any part of the ship or place; or
inspect, examine, test, measure, photograph or film anything in or on the ship or place or require a thing to be tested or measured; or
take samples of any pollutant, substance or thing in or on the ship or place; or
record, measure, test or analyse the release of pollutants into coastal waters from the ship; or
copy a document in or on the ship or place; or
take onto or into the ship or place any persons, equipment and materials the authorised officer reasonably requires for exercising a power under this Act; or
install or maintain any equipment and materials in or on the ship or place the authorised officer reasonably requires for a monitoring program for the release of pollutants into coastal waters from the ship; or
require the ship’s master, or any person in or on the ship, or occupier of the place to give the authorised officer reasonable help for the exercise of the powers mentioned in paragraphs (a) to (g) ; or
for a ship—by written notice given to the person in control of the ship, require the person—
to bring the ship to a stated place; and
to remain in control of the ship at the place for a reasonable time;
to enable the officer to exercise the powers mentioned in paragraphs (a) to (g) .
If, for any reason, it is not practicable to make a requirement under subsection (1) (i) by written notice, the requirement may be made orally and confirmed by written notice as soon as practicable.
An authorised officer must not enter a part of a ship that is used only as a living area, or exercise powers under subsection (1) (a) to (g) in relation to the part, unless the authorised officer is accompanied by the master or other person in control of the ship.
Subsection (3) does not apply if the master or other person is unavailable or unwilling to accompany the authorised officer or the authorised officer is unable for another reason to comply with the subsection.
(sec.81-ssec.1) An authorised officer who boards a ship or enters a place under this part may— search any part of the ship or place; or inspect, examine, test, measure, photograph or film anything in or on the ship or place or require a thing to be tested or measured; or take samples of any pollutant, substance or thing in or on the ship or place; or record, measure, test or analyse the release of pollutants into coastal waters from the ship; or copy a document in or on the ship or place; or take onto or into the ship or place any persons, equipment and materials the authorised officer reasonably requires for exercising a power under this Act; or install or maintain any equipment and materials in or on the ship or place the authorised officer reasonably requires for a monitoring program for the release of pollutants into coastal waters from the ship; or require the ship’s master, or any person in or on the ship, or occupier of the place to give the authorised officer reasonable help for the exercise of the powers mentioned in paragraphs (a) to (g) ; or for a ship—by written notice given to the person in control of the ship, require the person— to bring the ship to a stated place; and to remain in control of the ship at the place for a reasonable time; to enable the officer to exercise the powers mentioned in paragraphs (a) to (g) .
(sec.81-ssec.2) If, for any reason, it is not practicable to make a requirement under subsection (1) (i) by written notice, the requirement may be made orally and confirmed by written notice as soon as practicable.
(sec.81-ssec.3) An authorised officer must not enter a part of a ship that is used only as a living area, or exercise powers under subsection (1) (a) to (g) in relation to the part, unless the authorised officer is accompanied by the master or other person in control of the ship.
(sec.81-ssec.4) Subsection (3) does not apply if the master or other person is unavailable or unwilling to accompany the authorised officer or the authorised officer is unable for another reason to comply with the subsection.
- (a) search any part of the ship or place; or
- (b) inspect, examine, test, measure, photograph or film anything in or on the ship or place or require a thing to be tested or measured; or
- (c) take samples of any pollutant, substance or thing in or on the ship or place; or
- (d) record, measure, test or analyse the release of pollutants into coastal waters from the ship; or
- (e) copy a document in or on the ship or place; or
- (f) take onto or into the ship or place any persons, equipment and materials the authorised officer reasonably requires for exercising a power under this Act; or
- (g) install or maintain any equipment and materials in or on the ship or place the authorised officer reasonably requires for a monitoring program for the release of pollutants into coastal waters from the ship; or
- (h) require the ship’s master, or any person in or on the ship, or occupier of the place to give the authorised officer reasonable help for the exercise of the powers mentioned in paragraphs (a) to (g) ; or
- (i) for a ship—by written notice given to the person in control of the ship, require the person— (i) to bring the ship to a stated place; and (ii) to remain in control of the ship at the place for a reasonable time;
- (i) to bring the ship to a stated place; and
- (ii) to remain in control of the ship at the place for a reasonable time;
- (i) to bring the ship to a stated place; and
- (ii) to remain in control of the ship at the place for a reasonable time;