Document ID: chunk:federal_register_of_legislation:C2024C00547:section:62:p1
Version: federal_register_of_legislation:C2024C00547
Segment Type: section
Provision Reference: s 62 (pt 1/3)
Character Range: 51481–54246

62  Power of entry
 (1) Subject to subsections (2), (3) and (4), an inspector may board a sea installation, at any reasonable time during the day or night, for the purpose of ascertaining whether there has been or is a contravention of this Act or of the regulations and may:
 (a) enter into and search any part of the installation;
 (b) take on to the installation, and into any part of the installation, such equipment and materials as the inspector requires for the purpose of exercising his or her powers under this section;
 (c) inspect, examine, take measurements of or conduct tests concerning any structure, plant, substance or other thing on the installation;
 (d) take photographs, or make sketches, of the installation, any part of the installation or any structure, plant, substance or other thing on the installation;
 (e) record any occurrences on the installation or in any part of the installation;
 (f) inspect, take extracts from or make copies of any books, records or documents relating to the installation or activities undertaken on the installation; or
 (g) direct that the installation, or any part of the installation, be left undisturbed for a specified period.
 (2) Subject to subsections (3) and (4), an inspector shall not board a sea installation under subsection (1) unless:
 (b) the operator of the installation has consented to the inspector boarding the installation;
 (c) the inspector is authorised, under a warrant issued under subsection (4), to board the installation; or
 (d) the inspector believes on reasonable grounds that there exists on the installation a state of affairs constituting a risk to human life or that serious damage to the installation or to the environment has occurred or is imminent.
 (3) Subject to subsection (4), an inspector shall not enter any part of a sea installation that is residential or sleeping quarters (however designated), unless:
 (a) the occupier of the quarters consents to the inspector entering those quarters;
 (b) the inspector is authorised, under a warrant issued under subsection (4), to enter those quarters; or
 (c) the inspector believes on reasonable grounds that entry into, and exercise of the powers of an inspector under paragraphs (1)(a) to (g) (inclusive) in respect of, the quarters will reveal a state of affairs constituting a risk to human life or will reveal that serious damage to the installation or to the environment has occurred or is imminent.
 (4) If, on an application made by an inspector, a Magistrate is satisfied by information on oath, that it is reasonably necessary that the inspector should, for the purposes of exercising the powers of the inspector under paragraphs (1)(a) to (g) (inclusive) in relation to a sea installation or to a particular