Document ID: chunk:federal_register_of_legislation:C2024C00559:clause:1_100
Version: federal_register_of_legislation:C2024C00559
Segment Type: clause
Provision Reference: sch 1 cl 100
Character Range: 135936–138087

100  Sampling, securing or seizing things found using vessel monitoring powers
 (1) This section applies if:
 (a) a thing is found during the exercise of vessel monitoring powers in relation to a domestic commercial vessel; and
 (b) a marine safety inspector believes on reasonable grounds that:
 (i) the thing is evidential material; and
 (ii) any of the powers under this section needs 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 incident in order to prevent destruction of evidential material relevant to the marine incident.
 (2) The marine safety inspector may take a sample of the thing and remove the sample from the domestic commercial vessel.
 (3) The marine safety inspector may secure the thing for up to 72 hours.
Note: That period may be extended: see section 123.
 (4) The marine safety inspector may seize the thing.
 (5) However, if the thing is equipment, or a disk, tape or other storage device, that has been operated under section 99(4), the marine safety inspector 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 section 99(5)(a) or to transfer all that evidential material as mentioned in section 99(5)(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 7 requires marine safety inspectors to deal with seized things in certain ways.
 (6) If the marine safety inspector 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 National Regulator a report describing:
 (a) the exercise of the power; and
 (b) the grounds for his or her belief.