Document ID: chunk:federal_register_of_legislation:C2024C00454:section:140
Version: federal_register_of_legislation:C2024C00454
Segment Type: section
Provision Reference: s 140
Character Range: 240084–241504

140  When powers may be exercised—security regulated ships

Operational areas
 (1) A maritime security inspector may exercise a power mentioned in section 138 or 139 in an operational area of a security regulated ship:
 (a) if the power is exercised within the boundaries of a security regulated port—at any time and without notice; or
 (b) otherwise—after giving the ship operator for, or the master of, the ship concerned reasonable notice.

Private living areas
 (2) A maritime security inspector may exercise a power mentioned in section 138 or 139 in a private living area of a security regulated ship if:
 (a) both the master and any person or persons who occupy the private living area consent to the inspection; or
 (b) the inspector has a warrant, issued under section 144, to search the private living area.
 (3) In addition, a maritime security inspector may only exercise a power mentioned in section 138 or 139 in a private living area of a security regulated ship if the inspector is accompanied by the master of the ship or a person nominated by the master.

Definitions
 (4) A private living area on a security regulated ship is an area:
 (a) used for the purposes of providing accommodation for passengers or crew of the ship; and
 (b) to which neither all passengers nor all crew have general access.
 (5) An operational area on a security regulated ship is an area that is not a private living area.