Commonwealth Numbered Acts

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MARITIME TRANSPORT SECURITY ACT 2003 No. 131, 2003 - SECT 148

Duly authorised officer powers—operational areas of ships
(1)
A duly authorised officer may exercise the powers set out in subsection (2) in an operational area of a ship 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) board a security regulated ship and inspect its operational areas (including any restricted access area in the operational area of the ship);
(b) observe and record operating procedures for the ship (whether carried out by the crew or some other person);
(c) inspect, photograph or copy one or more of the following:
(i) the ship's ISSC;
(ii) a ship security record for the ship;
(d) operate equipment in the operational area of a security regulated ship for the purposes of gaining access to a document or record relating to the ship.

(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 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.

(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.



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