Queensland Consolidated Acts

TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 - SECT 83

83 Power to seize after boarding ship

(1) An authorised officer who boards a ship under this part may seize a thing in or on the ship if the officer believes, on reasonable grounds—

(a) the thing is evidence of an offence against this Act; and

(b) the seizure is necessary to prevent the thing being—

(i) concealed, lost or destroyed; or

(ii) used to commit, continue or repeat the offence.

(2) Having seized a thing, an authorised officer may—

(a) remove the thing from the place where the thing was seized (the
"place of seizure" ) to another place; or

(b) leave the thing at the place of seizure but restrict access to the thing.

Example of subsection (2)(b)—

An authorised officer may—

(a) seal a thing and mark it to show it has been seized; or

(b) seal the entrance to a room where the seized thing is situated and mark it to show it contains a thing that has been seized.

(3) If an authorised officer restricts access to a seized thing, a person must not tamper with the thing without the approval of the general manager.

Penalty—

Maximum penalty—350 penalty units.