QLDIn ForceAct
Transport Operations (Marine Pollution) Act 1995
sec.83Power to seize after boarding ship
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### sec.83 Power to seize after boarding ship
An authorised officer who boards a ship under this part may seize a thing in or on the ship if the officer believes, on reasonable grounds—
the thing is evidence of an offence against this Act; and
the seizure is necessary to prevent the thing being—
concealed, lost or destroyed; or
used to commit, continue or repeat the offence.
Having seized a thing, an authorised officer may—
remove the thing from the place where the thing was seized (the place of seizure ) to another place; or
leave the thing at the place of seizure but restrict access to the thing.
An authorised officer may—
seal a thing and mark it to show it has been seized; or
seal the entrance to a room where the seized thing is situated and mark it to show it contains a thing that has been seized.
If an authorised officer restricts access to a seized thing, a person must not tamper with the thing without the approval of the general manager.
Maximum penalty—350 penalty units.
s 83 amd 2006 No. 21 s 22
(sec.83-ssec.1) An authorised officer who boards a ship under this part may seize a thing in or on the ship if the officer believes, on reasonable grounds— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— concealed, lost or destroyed; or used to commit, continue or repeat the offence.
(sec.83-ssec.2) Having seized a thing, an authorised officer may— remove the thing from the place where the thing was seized (the place of seizure ) to another place; or leave the thing at the place of seizure but restrict access to the thing. An authorised officer may— seal a thing and mark it to show it has been seized; or seal the entrance to a room where the seized thing is situated and mark it to show it contains a thing that has been seized.
(sec.83-ssec.3) If an authorised officer restricts access to a seized thing, a person must not tamper with the thing without the approval of the general manager. Maximum penalty—350 penalty units.
- (a) the thing is evidence of an offence against this Act; and
- (b) the seizure is necessary to prevent the thing being— (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence.
- (i) concealed, lost or destroyed; or
- (ii) used to commit, continue or repeat the offence.
- (i) concealed, lost or destroyed; or
- (ii) used to commit, continue or repeat the offence.
- (a) remove the thing from the place where the thing was seized (the place of seizure ) to another place; or
- (b) leave the thing at the place of seizure but restrict access to the thing.
- (a) seal a thing and mark it to show it has been seized; or
- (b) seal the entrance to a room where the seized thing is situated and mark it to show it contains a thing that has been seized.