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: