New South Wales Consolidated Acts

PETROLEUM (OFFSHORE) ACT 1982 - SECT 136B

136B Powers of authorized persons

(1) Subject to subsection (3), an authorized person may:

(a) board a vessel that the person has reasonable grounds to believe has been used, is being used or is about to be used in contravention of section 120,

(b) where the 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,

(ii) require the master of the vessel to state whether there is in force in respect of the vessel a consent under section 120 and, if so, to produce the consent,

(iii) if the vessel is registered under the Shipping Registration Act 1981 of the Commonwealth--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,

(c) require the master of a vessel, being a vessel that is in a safety zone and that is not an exempt vessel in relation to the safety zone, to take the vessel outside the safety zone,

(d) require the master of a disabled vessel:

(i) that is in a safety zone, or

(ii) that is, or that the person has reasonable grounds to believe is, a relevant vessel and that the person has reasonable grounds to believe is likely to cause damage to any well, pipeline, structure or equipment in the safety zone,

to permit the vessel to be towed away from the safety zone or to accept the giving of such other assistance to the vessel as the person considers necessary, or

(e) detain a vessel that the person has reasonable grounds to believe has been used in contravention of section 120.

(2) A person shall not:

(a) fail to facilitate by all reasonable means the boarding of a vessel by an authorized person pursuant to subsection (1),

(b) refuse to allow a search that is authorized under subsection (1) to be made by an authorized person,

(c) refuse or neglect to comply with a requirement made by an authorized person under subsection (1),

(d) when an authorized person requires the person to give information, pursuant to the powers of the authorized person under subsection (1)--give information that is, to the knowledge of the person, false or misleading in a material particular, or

(e) resist or obstruct an authorized person who is acting pursuant to subsection (1).

Maximum penalty: 50 penalty units.

(3) The powers of an authorized person in relation to a vessel under subsection (1) (a), (b) and (e) shall not be exercised except:

(a) pursuant to a warrant issued under section 136C,

(b) after obtaining the consent of the master of the vessel, or

(c) in circumstances of seriousness and urgency, in accordance with section 136D.