Victorian Current Acts

POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1986 - SECT 24

    (1)     For the purposes of ascertaining—

        (a)     whether a provision of this Part that is applicable in relation to a ship has been complied with in respect of the ship; or

S. 24(1)(b) amended by No. 82/1995 s. 189(4).

        (b)     whether there has been a discharge into State waters in contravention of this Part—

an authorised officer may—

S. 24(1)(c) amended by No. 82/1995 s. 189(4).

        (c)     go on board the ship with such assistants and equipment as the authorised officer considers necessary; and

S. 24(1)(d) amended by No. 82/1995 s. 189(4).

        (d)     require the master of the ship to take such steps as the authorised officer directs to facilitate the boarding; and

        (e)     inspect and test any machinery or equipment of the ship; and

S. 24(1)(f) amended by No. 82/1995 s. 189(4).

        (f)     require the master of the ship to take such steps as the authorised officer directs to facilitate the inspection or testing of any machinery or equipment of the ship; and

        (g)     open, or require the master of the 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

        (h)     require the master of the 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

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

S. 24(1)(j) amended by No. 82/1995 s. 189(4).

        (j)     require the master of the 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 authorised officer is a true copy of such an entry; and

        (k)     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 suspected discharge in breach of a provision of this Act is being made; and

        (l)     require the master of the ship, or any person representing the master, to certify the taking of the samples; and

        (m)     require a person to answer questions.

S. 24(2) amended by No. 46/1991
s. 18.

    (2)     A person shall not—

S. 24(2)(a) amended by No. 82/1995 s. 189(4).

        (a)     without reasonable excuse, hinder or obstruct or refuse or fail to comply with a requirement made of the person by, an authorised officer in the exercise of his powers under subsection (1); or

        (b)     in answer to a question that the person is required to answer under subsection (1), make a statement that is false or misleading in a material particular.

Penalty:     200 penalty units.

S. 24(3) amended by No. 82/1995 s. 189(4).

    (3)     An authorised officer must not, in exercising powers under subsection (1), unnecessarily delay a ship from beginning a voyage.

Ss 24A, 24B inserted by No. 46/1991
s. 19, repealed by No. 82/1995 s. 184.

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S. 24C inserted by No. 46/1991
s. 19.