QLDIn ForceAct
Transport Operations (Marine Safety) Act 1994
sec.166Boarding of ship that is moving or about to move
Start here
Get a plain-English read of sec.166
Turn the raw legal text into a practical explanation grounded in Transport Operations (Marine Safety) Act 1994.
### sec.166 Boarding of ship that is moving or about to move
This section applies if a shipping inspector intends to board a ship under section 165 , including a ship that is being carried or towed by a vehicle.
If the ship or the vehicle carrying or towing the ship is moving or about to move, the inspector may signal the person in control of the ship or vehicle to stop the ship or vehicle or not to move it.
To enable the ship to be boarded, the inspector may—
act with any necessary and reasonable help and force; and
require the person in control of the ship or vehicle to give reasonable help to the inspector.
A person must not disobey a signal under subsection (2) , unless the person has a reasonable excuse.
Maximum penalty—200 penalty units.
A person must not fail to comply with a requirement under subsection (3) (b) , unless the person has a reasonable excuse.
Maximum penalty—200 penalty units.
It is a reasonable excuse for a person to disobey a signal under subsection (2) if—
the person reasonably believes that to obey the signal immediately would have endangered the person or someone else; and
the person obeys the signal as soon as it is practicable to obey it.
(sec.166-ssec.1) This section applies if a shipping inspector intends to board a ship under section 165 , including a ship that is being carried or towed by a vehicle.
(sec.166-ssec.2) If the ship or the vehicle carrying or towing the ship is moving or about to move, the inspector may signal the person in control of the ship or vehicle to stop the ship or vehicle or not to move it.
(sec.166-ssec.3) To enable the ship to be boarded, the inspector may— act with any necessary and reasonable help and force; and require the person in control of the ship or vehicle to give reasonable help to the inspector.
(sec.166-ssec.4) A person must not disobey a signal under subsection (2) , unless the person has a reasonable excuse. Maximum penalty—200 penalty units.
(sec.166-ssec.5) A person must not fail to comply with a requirement under subsection (3) (b) , unless the person has a reasonable excuse. Maximum penalty—200 penalty units.
(sec.166-ssec.6) It is a reasonable excuse for a person to disobey a signal under subsection (2) if— the person reasonably believes that to obey the signal immediately would have endangered the person or someone else; and the person obeys the signal as soon as it is practicable to obey it.
- (a) act with any necessary and reasonable help and force; and
- (b) require the person in control of the ship or vehicle to give reasonable help to the inspector.
- (a) the person reasonably believes that to obey the signal immediately would have endangered the person or someone else; and
- (b) the person obeys the signal as soon as it is practicable to obey it.