Document ID: chunk:federal_register_of_legislation:F2024C00997:reg:88
Version: federal_register_of_legislation:F2024C00997
Segment Type: reg
Provision Reference: reg 88
Character Range: 87498–89499

88  Sampling, securing or seizing things found using monitoring powers in relation to a vessel
 (1) This section applies if:
 (a) a thing is found during the exercise of monitoring powers in relation to a vessel; and
 (b) a police officer believes on reasonable grounds that:
 (i) the thing is evidential material; and
 (ii) any of the powers under this section need to be exercised without a warrant, either because of serious and urgent circumstances or because it is not practicable to obtain a warrant, in order to prevent concealment, loss or destruction of the evidential material.
Note: For example, it may be necessary to seize evidential material after a marine accident in order to prevent destruction of evidential material relevant to the marine accident.
 (2) The police officer may take a sample of the thing and remove the sample from the vessel.
 (3) The police officer may secure the thing for up to 72 hours.
 (4) The police officer may seize the thing.
 (5) However, if the thing is equipment, or a disk, tape or other storage device, that has been operated under subsection 87(4), the police officer may seize the thing only if:
 (a) it is not practicable to put all the evidential material the thing contains in documentary form as mentioned in paragraph 87(4)(a) or to transfer all that evidential material as mentioned in paragraph 87(4)(b); or
 (b) possession of the equipment or the disk, tape or other storage device by the occupier of the vessel could constitute an offence against a law of the Commonwealth, a State or a Territory.
Note: Division 5 requires police officers to deal with seized things in certain ways.
 (6) If the police officer exercises a power under this section on the basis that he or she believes on reasonable grounds the power needs to be exercised without a warrant because it is not practicable to obtain a warrant, he or she must give the Minister a report describing:
 (a) the exercise of the power; and
 (b) the grounds for his or her belief.