Commonwealth Consolidated Acts

MARITIME POWERS ACT 2013 - SECT 64

  (1)   A maritime officer may do one or more of the following:

  (a)   seal a thing;

  (b)   mark a thing;

  (c)   lock up, or otherwise secure a thing (including in th e hold of a vessel or a ircraft);

  (d)   if the thing is a live plant :

  (i)   mark or label a cage or container in which the plant is kept or in which the plant is growing; or

  (ii)   place a label or tag on the plant;

  (e)   if the thing is a live animal:

  (i)   implant a scannable device in the animal; or

  (ii)   place a band on any part of the animal; or

  (iii)   place (whether by piercing or otherwise) a tag or rin g on any part of the animal; or

  (iv)   mark or label a cage or container within which the animal is kept.

Offence s

  (2)   A person commits an offence if:

  (a)   in the exercise of powers in relation to a vessel, installation, aircraft or land, a maritime officer seals, marks , labels, locks up or secures a thing ; and

  (b)   the continuous exercise of those powers has not ceased; and

  (c )   the person :

  (i)   breaks or defaces the seal; or

  (ii)   erases or defaces the mark or label; or

  (iii)   breaks or unlocks the lock or otherwise causes the thing to be unsecured; and

  (d )   the person does so without the consent of a maritime officer.

Penalty:   50 penalty units.

Note:   The continuous exercise of powers does not end only because there is a period of time between the exercise of one or more of those powers: see section   11 .

  (3)   A person commits an offence if:

  (a)   in the exercise of powers in relation to a vessel, installation, aircraft or land, a maritime officer:

  (i)   implants a scannable device in an animal; or

  (ii)   places a band on any part of an animal; or

  (iii)   places (whether by piercing or otherwise) a tag or ring on any part of an animal; and

  (b)   the continuous exercise of those powers has not ceased; and

  (c )   the person removes, or interferes with, the implant, band , tag or ring; and

  (d )   the person does so without the consent of a maritime officer.

Penalty:   50 penalty units.

Note:   The continuous exercise of powers does not end only because there is a period of time between the exercise of one or more of those powers: see section   11 .