Document ID: chunk:federal_register_of_legislation:C2017C00123:section:64
Version: federal_register_of_legislation:C2017C00123
Segment Type: section
Provision Reference: s 64
Character Range: 67066–69219

64  Securing and marking things
 (1) A maritime officer may do one or more of the following:
 (a) seal a thing;
 (b) mark a thing;
 (c) lock up, or otherwise secure a thing (including in the hold of a vessel or aircraft);
 (d) if the thing is a live plant:
 (i) mark or label a cage or container in which the plant is kept or in which the plant is growing; or
 (ii) place a label or tag on the plant;
 (e) if the thing is a live animal:
 (i) implant a scannable device in the animal; or
 (ii) place a band on any part of the animal; or
 (iii) place (whether by piercing or otherwise) a tag or ring on any part of the animal; or
 (iv) mark or label a cage or container within which the animal is kept.

Offences
 (2) A person commits an offence if:
 (a) in the exercise of powers in relation to a vessel, installation, aircraft or land, a maritime officer seals, marks, labels, locks up or secures a thing; and
 (b) the continuous exercise of those powers has not ceased; and
 (c) the person:
 (i) breaks or defaces the seal; or
 (ii) erases or defaces the mark or label; or
 (iii) breaks or unlocks the lock or otherwise causes the thing to be unsecured; and
 (d) the person does so without the consent of a maritime officer.
Penalty: 50 penalty units.
Note: The continuous exercise of powers does not end only because there is a period of time between the exercise of one or more of those powers: see section 11.
 (3) A person commits an offence if:
 (a) in the exercise of powers in relation to a vessel, installation, aircraft or land, a maritime officer:
 (i) implants a scannable device in an animal; or
 (ii) places a band on any part of an animal; or
 (iii) places (whether by piercing or otherwise) a tag or ring on any part of an animal; and
 (b) the continuous exercise of those powers has not ceased; and
 (c) the person removes, or interferes with, the implant, band, tag or ring; and
 (d) the person does so without the consent of a maritime officer.
Penalty: 50 penalty units.
Note: The continuous exercise of powers does not end only because there is a period of time between the exercise of one or more of those powers: see section 11.