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MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 148A

Duly authorised officer powers--operational areas of security regulated offshore facilities

  (1)   A duly authorised officer may exercise the powers set out in subsection   (2) in an operational area of a security regulated offshore facility for the purposes of determining whether a person or a ship is complying with this Act.

  (2)   For the purposes set out in subsection   (1), a duly authorised officer may do one or more of the following:

  (a)   enter a security regulated offshore facility and inspect its operational areas (including any restricted access area in the operational area of the facility);

  (b)   observe and record operating procedures for the facility (whether carried out by the crew or some other person);

  (c)   inspect, photograph or copy any security record for the facility;

  (d)   if all or part of the facility is a ship regulated as an offshore facility--inspect, photograph or copy the ship's ISSC;

  (e)   operate equipment in the operational area of a security regulated offshore facility for the purposes of gaining access to a document or record relating to the facility.

  (3)   A duly authorised officer may exercise a power mentioned in subsection   (2):

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

  (b)   otherwise--after giving the offshore facility operator for the facility concerned reasonable notice.

  (4)   However, in exercising a power under this section, a duly authorised officer must not subject a person to greater indignity than is necessary and reasonable for the exercise of the power.

  (5)   Also, in exercising a power under this section within the boundaries of a security regulated offshore facility, a duly authorised officer must take account of occupational health and safety requirements under the laws of the Commonwealth, a State or Territory applying at the facility.



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