Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An authorised person may:
(a) board a vessel that the authorised person has reasonable grounds to believe has been used, is being used or is about to be used in contravention of section 616, 617 or 619; or
(b) if the authorised person has boarded a vessel in the exercise of powers under paragraph (a):
(i) require any person on board the vessel to answer questions relating to the vessel or to the movements of the vessel; or
(ii) require the master of the vessel to state whether a consent under subsection 616(1) or 617(1), or an authorisation under subsection 618(3), is in force in relation to the vessel and, if so, to produce the consent or authorisation, as the case may be; or
(iii) if the vessel is registered under the Shipping Registration Act 1981 --require the master of the vessel to produce the certificate of registration of the vessel; or
(iv) search the vessel for any documents relating to the vessel or to the movements of the vessel; or
(c) if the following conditions are satisfied in relation to a vessel:
(i) the vessel is in, or is near, the area to be avoided;
(ii) the authorised person has reasonable grounds to believe that the vessel is a vessel of the kind referred to in paragraph (b) of the definition of relevant vessel in section 614;
(iii) no authorisation under subsection 618(3) is in force in relation to the vessel;
(iv) the vessel is not an exempt vessel in relation to a prescribed safety zone;
require the master of the vessel to permit the authorised person to take measurements of the vessel; or
(d) detain a vessel that the authorised person has reasonable grounds to believe has been used in contravention of section 616, 617 or 619.
(2) An authorised person may exercise powers under subsection (1) in relation to a vessel only:
(a) in accordance with a warrant issued under section 622; or
(b) after obtaining the consent of the master of the vessel; or
(c) in circumstances of seriousness and urgency, in accordance with section 623.
Offences
(3) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
(4) A person must facilitate, by all reasonable means, the boarding of a vessel by an authorised person under subsection (1).
(5) A person commits an offence if:
(a) the person is subject to a requirement under subsection (4); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
(6) An offence against subsection (5) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
(7) A person must allow a search authorised under subsection (1) to be made by an authorised person.
(8) A person commits an offence if:
(a) the person is subject to a requirement under subsection (7); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
(9) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct obstructs or hinders an authorised person who is acting under subsection (1).
(10) A person (the first person ) commits an offence if:
(a) an authorised person requires the first person to give information under subsection (1); and
(b) the first person gives information; and
(c) the first person does so knowing that the information is false or misleading in a material particular.
Note: The same conduct may be an offence against both subsection (10) of this section and section 137.1 of the Criminal Code .
Civil penalties
(11) A person is liable to a civil penalty if the person contravenes a requirement under subsection (1), (4) or (7).
Civil penalty: 90 penalty units.
(12) A person is liable to a civil penalty if the person obstructs or hinders an authorised person who is acting under subsection (1).
Civil penalty: 90 penalty units.