South Australian Current Acts South Australian Current Acts33—Powers of inspectors
(a)
ascertaining whether a provision of this Act that is applicable in relation to
a ship has been complied with in respect of a ship; or
(b)
ascertaining whether there has been a discharge or disposal into State waters
in contravention of this Act; or
(c)
carrying out any other investigation required for the purposes of this Act,
an inspector may—
(d) go
on board a ship with such assistants and equipment as the inspector considers
necessary; and
(e)
require the master of a ship to take such steps as the inspector directs to
facilitate the boarding; and
(f)
inspect and test any machinery or equipment of a ship; and
(g)
require the master of a ship to take such steps as the inspector directs to
facilitate the inspection or testing of any machinery or equipment of a ship;
and
(h)
open, or require the master of a ship to cause to be opened, any hold, bunker,
tank, compartment or receptacle in or on board the ship and inspect the
contents of any hold, bunker, tank, compartment or receptacle in or on board
the ship; and
(i)
require the master of a ship to produce a record book
required by this Act to be carried in the ship or any other books, documents
or records relating to the ship or its cargo that are carried in the ship; and
(j) make
copies of, or take extracts from, any such books, documents or records; and
(k)
require the master of a ship to certify that a true copy of an entry in a
record book required by this Act to be carried in the ship made by the
inspector is a true copy of such an entry; and
(l)
examine, and take samples of, any substances being in, on, or in the vicinity
of a ship in respect of which an investigation of a discharge or disposal or
suspected discharge or disposal in breach of a provision of this Act is being
made; and
(m)
require the master of a ship, or any person representing the master, to
certify the taking of the samples; and
(n)
require a person to answer question.
(2) For any purpose
related to—
(a) the
administration or enforcement of this Act; or
(b)
ascertaining whether there has been a discharge or disposal into State waters
in contravention of this Act,
an inspector may—
(c)
enter any vehicle or premises with such assistants and equipment as the
inspector considers necessary; and
(d)
inspect any vehicle or premises and test any machinery or equipment; and
(e)
require a person apparently in charge of a vehicle or premises to take such
steps as the inspector directs to facilitate the inspection or testing of any
apparatus, machinery or equipment in or on the vehicle or at the premises; and
(f)
examine, and take samples of, any substances being in, on or in the vicinity
of, a vehicle or premises in respect of which an investigation of a discharge
or disposal or suspected discharge or disposal in breach of a provision of
this Act is being made; and
(g)
require a person to answer question.
(3) A person must not,
without reasonable excuse, hinder or obstruct or refuse or fail to comply with
a requirement made of the person by an inspector under subsection (1) or
(2).
Maximum penalty: $8 000.
(3a) A person must
not, in answering a question that the person is required to answer under
subsection (1) or (2), make a statement that is false or misleading in a
material particular.
Maximum penalty: $20 000.
(4) An inspector shall
not, in exercising powers under subsection (1), unnecessarily delay a
ship from beginning a voyage.