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PROTECTION OF THE SEA (HARMFUL ANTI-FOULING SYSTEMS) ACT 2006 - SECT 17

Inspection of ships

  (1)   An inspector may exercise the powers under this section in relation to a ship in an Australian shipping facility for the purpose of ascertaining:

  (a)   whether this Act and the regulations are being complied with in respect of the ship; or

  (b)   whether the Convention is being complied with in respect of the ship; or

  (c)   whether a foreign Convention law is being complied with in respect of the ship.

  (2)   The inspector may do any of the following:

  (a)   go on board the ship with such assistants and equipment as the inspector considers necessary;

  (b)   require the master of the ship to take such steps as the inspector directs to facilitate the boarding;

  (c)   examine, and take samples of, any substances on board the ship or on any designated external surface of the ship;

  (d)   inspect any part of the ship or its machinery or equipment;

  (e)   require the master of the ship to take such steps as the inspector directs to facilitate the inspection of any part of the ship or its machinery or equipment;

  (f)   open, or require the master of the ship to cause to be opened, any hold, compartment or receptacle in or on board the ship and inspect the contents of any hold, compartment or receptacle in or on board the ship;

  (g)   require the master of the ship to produce:

  (i)   any certificate, declaration, endorsement or record that is required by this Act or the regulations to be carried on the ship; or

  (ii)   any other documents, records or books relating to the ship or its cargo that are carried on the ship;

  (h)   make copies of, or take extracts from, any such documents, records or books;

  (i)   require the master of the ship to certify that a true copy or extract made by the inspector under paragraph   (h) is a true copy of the original;

  (j)   take photographs (including video recordings) of the ship or of equipment, or anything else, in or on board the ship;

  (k)   require a person to answer questions.

  (3)   This section does not authorise an inspector to exercise powers in a manner inconsistent with the Convention.

  (4)   A person must not fail to comply with a requirement made of the person by an inspector under this section.

Penalty:   80 penalty units.

  (5)   An offence against subsection   (4) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .



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