Document ID: chunk:federal_register_of_legislation:C2007C00185:clause:1_140b
Version: federal_register_of_legislation:C2007C00185
Segment Type: clause
Provision Reference: sch 1 cl 140B
Character Range: 86874–88460

140B  When powers may be exercised—security regulated offshore facilities

Operational areas

 (1) A maritime security inspector may exercise a power mentioned in section 138 or 140A in an operational area of a security regulated offshore facility:
 (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 reasonable notice to the offshore facility operator for the facility.

Private living areas

 (2) A maritime security inspector may exercise a power mentioned in section 138 or 140A in a private living area of a security regulated offshore facility if:
 (a) both the offshore facility operator for the facility 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 145A, to search the private living area.

 (3) In addition, a maritime security inspector may only exercise a power mentioned in section 138 or 140A in a private living area of a security regulated offshore facility if the inspector is accompanied by the offshore facility operator for the facility or a person nominated by the offshore facility operator.

Definitions

 (4) A private living area of a security regulated offshore facility is an area:
 (a) used for the purposes of providing accommodation for crew of, or visitors to, the facility; and
 (b) to which neither all crew nor visitors have general access.

 (5) An operational area of a security regulated offshore facility is an area that is not a private living area.