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MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 140

When powers may be exercised--security regulated ships

Operational areas

  (1)   A maritime security inspector may exercise a power mentioned in section   138 or 139 in an operational area of a security regulated ship:

  (a)   if the power is exercised within the boundaries of a security regulated port--at any time and without notice; or

  (b)   otherwise--after giving the ship operator for, or the master of, the ship concerned reasonable notice.

Private living areas

  (2)   A maritime security inspector may exercise a power mentioned in section   138 or 139 in a private living area of a security regulated ship if:

  (a)   both the master and any person or persons who occupy the private living area consent to the inspection; or

  (b)   the inspector has a warrant, issued under section   144, to search the private living area.

  (3)   In addition, a maritime security inspector may only exercise a power mentioned in section   138 or 139 in a private living area of a security regulated ship if the inspector is accompanied by the master of the ship or a person nominated by the master.

Definitions

  (4)   A private living area on a security regulated ship is an area:

  (a)   used for the purposes of providing accommodation for passengers or crew of the ship; and

  (b)   to which neither all passengers nor all crew have general access.

  (5)   An operational area on a security regulated ship is an area that is not a private living area.



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