Document ID: chunk:federal_register_of_legislation:F2024C00997:reg:87:p2
Version: federal_register_of_legislation:F2024C00997
Segment Type: reg
Provision Reference: reg 87 (pt 2/2)
Character Range: 85665–87496

marine safety investigation.
 (4) The monitoring powers include the following powers in relation to data found in the exercise of the power under subsection (3):
 (a) the power to operate or require a person to operate electronic equipment on the vessel or premises to put the data in documentary form and remove the documents so produced from the vessel or premises;
 (b) the power to operate or to require a person to operate electronic equipment on the vessel or premises to transfer the data to a disk, tape or other storage device that:
 (i) is brought onto the vessel or premises for the exercise of the power; or
 (ii) is on the vessel or premises and the use of which for that purpose has been agreed in writing by the occupier of the vessel or premises;
  and to remove the disk, tape or other storage device from the vessel or premises.
 (5) A police officer may operate electronic equipment as mentioned in subsection (3) or (4) only if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.

Offence
 (6) A person commits an offence if:
 (a) a requirement is made of the person:
 (i) under paragraph (1)(h) (to show, or demonstrate the operation of, machinery or equipment on a vessel); or
 (ii) under paragraph (1)(i) (to give a police officer the person's name, the person's residential address, the person's date of birth or evidence of the person's identity); or
 (iii) under subsection (2) (to stop or manoeuvre a vessel, adopt or maintain a specified course or speed or take a vessel to a specified place); and
 (b) the person fails to comply with the requirement.
Penalty: 50 penalty units.
 (7) Subsection (6) does not apply if the person has a reasonable excuse.
 (8) An offence against subsection (6) is an offence of strict liability.