Commonwealth Consolidated Acts

MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 145A

Application for warrant

  (1)   A maritime security inspector may apply to a magistrate for a warrant to inspect a private living area on a security regulated offshore facility.

Issue of warrant

  (2)   The magistrate may issue the warrant if the magistrate is satisfied, by information on oath or affirmation, that it is necessary to inspect the private living area for one or more of the following purposes:

  (a)   where all or part of the facility is a ship regulated as an offshore facility--determining whether the ship meets the requirements necessary for ISSC verification;

  (b)   determining whether a person or a ship is complying with this Act;

  (c)   investigating a possible contravention of this Act.

  (3)   However, the magistrate must not issue the warrant unless the maritime security inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.

Content of warrant

  (4)   The warrant must:

  (a)   authorise the maritime security inspector to inspect the private living area, using such assistance and such force to enter the area as is necessary and reasonable; and

  (b)   state whether the inspection is authorised to be made at any time of the day or night or during specified hours of the day or night; and

  (c)   specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and

  (d)   state the purpose for which the warrant is issued.