62Boarding of vessels etc. by inspectors

##### 62 Boarding of vessels etc. by inspectors (1) This section applies to: (a) any Australian vessel, Australian aircraft or Australian platform; (b) any vehicle, vessel or aircraft that is in Australia or an external Territory; (c) any vessel, or any aircraft capable of landing on water, that is in Australian waters; and (d) any aircraft that is over Australia, an external Territory or Australian waters. (2) An inspector may, with such assistance as he or she thinks necessary, board any vehicle, vessel, aircraft or platform to which this section applies for the purpose of exercising, and may exercise, the functions of an inspector in accordance with section 64 if he or she believes on reasonable grounds that there is in, or on, that vehicle, vessel, aircraft or platform: (a) any specimen that has been, or is proposed to be, exported or imported in contravention of this Act; or (b) any goods that may afford evidence as to the commission of an offence against this Act; and, in the case of a vehicle, vessel or aircraft, may, for that purpose, stop and detain that vehicle, vessel or aircraft. (3) An inspector may require any person on board a vehicle, vessel, aircraft or platform to which this section applies whom the inspector finds committing, or whom the inspector suspects on reasonable grounds of having committed, an offence against this Act to state that person’s full name and usual place of residence. (4) Where an inspector or the person in command of a Commonwealth ship or of a Commonwealth aircraft believes on reasonable grounds that a vessel to which this section applies and which is in Australian waters has been used or otherwise involved in the commission of an offence against this Act, he or she may bring, or, by means of an international signal code or other internationally recognized means of communication with a vessel, require the person in charge of the vessel to bring, the vessel to the nearest port in Australia or an external Territory to which it is safe and practicable to bring the vessel. (5) Where an inspector or the person in command of a Commonwealth ship or of a Commonwealth aircraft believes on reasonable grounds that an aircraft to which this section applies and which is over Australia or over or in Australian waters has been used or otherwise involved in the commission of an offence against this Act, he or she may, by means of an international signal code or other internationally recognized means of communication with an aircraft, require the person in charge of the aircraft to bring the aircraft to the nearest airport in Australia or an external Territory to which it is safe and practicable to bring the aircraft. (6) An inspector may, for the purposes of this Act, require the person in charge of a vehicle, vessel, aircraft or platform to which this section applies to give information concerning the vehicle, vessel, aircraft or platform and its crew and any other person on board the vehicle, vessel, aircraft or platform. (7) Where an inspector (other than a member of a police force, or an officer of Customs, who is in uniform) boards a vehicle, vessel, aircraft or platform to which this section applies, the inspector shall: (a) in the case of a member of a police force—produce, for inspection by the person in charge of that vehicle, vessel, aircraft or platform, written evidence of the fact that he or she is a member of that police force; (b) in the case of an officer of Customs—produce, for inspection by the person in charge of that vehicle, vessel, aircraft or platform, written evidence of the fact that he or she is an officer of Customs; or (c) in any other case—produce his or her identity card for inspection by that person; and, if he fails to do so, the inspector is not authorized to remain, or to require any person assisting the inspector to remain, on board that vehicle, vessel, aircraft or platform or to detain that vehicle, vessel or aircraft. (8) Where an inspector (other than a member of a police force, or an officer of Customs, who is in uniform) makes a requirement of a person under this section, the inspector, unless it is impracticable to do so, shall: (a) in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of that police force; (b) in the case of an officer of Customs—produce, for inspection by that person, written evidence of the fact that he or she is an officer of Customs; or (c) in any other case—produce his or her identity card for inspection by that person; and, if the inspector fails to do so, that person is not obliged to comply with the requirement. (9) A person who intentionally fails to comply with a requirement made of the person by an inspector under this section or by the person in command of a Commonwealth ship or a Commonwealth aircraft under subsection (4) or (5) is guilty of an offence punishable on conviction by a fine not exceeding 60 penalty units. (9A) Subsection (9) does not apply if the person has a reasonable excuse. > Note: The defendant bears an evidential burden in relation to the matter in subsection (9A). See subsection 13.3(3) of the Criminal Code. (10) In this section, unless the contrary intention appears: > Australian aircraft means an aircraft that: (a) is owned by: (i) the Commonwealth or an authority of the Commonwealth; (ii) a State or an authority of a State; (iii) the Northern Territory or an authority of the Northern Territory; or (iv) the Administration of Norfolk Island; or (b) is registered in Australia. > Australian platform means a platform that: (a) is fixed to the continental shelf of Australia or of an external Territory or to the sea‑bed beneath Australian waters; or (b) is otherwise operating in that part of the sea above the continental shelf of Australia or of an external Territory or in Australian waters. > Australian vessel means a vessel that: (a) is owned by: (i) the Commonwealth or an authority of the Commonwealth; (ii) a State or an Authority of a State; (iii) the Northern Territory or an authority of the Northern Territory; or (iv) the Administration of Norfolk Island; or (b) is registered in Australia or flying the Australian flag. > Australian waters means: (a) the waters adjacent to Australia and having as their inner limits the baselines by reference to which the territorial limits of Australia are defined for the purposes of international law and as their outer limits lines seaward from those inner limits every point on each of which is distant 12 nautical miles from the point on one of those baselines that is nearest to the first‑mentioned point; and (b) the waters adjacent to each external Territory and having as their inner limits the baselines by reference to which the territorial limits of that Territory are defined for the purposes of international law and as their outer limits lines seaward from those inner limits every point on each of which is distant 12 nautical miles from the point on one of those baselines that is nearest to the first‑mentioned point. > Commonwealth aircraft means an aircraft in the service of the Commonwealth on which the prescribed ensign or prescribed insignia of the aircraft is or are displayed. > Commonwealth ship means a ship in the service of the Commonwealth on which the prescribed ensign of the ship is flying. > goods includes documents but does not include any specimen or any article to which subsection 4(2) applies.