Western Australia: Western Australian Marine Act 1982 (WA)

Western Australia Western Australian Marine Act 1982 Western Australia Western Australian Marine Act 1982 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 3A. Vessels and crew to which Act applies 1 3B. Relationship to Domestic Commercial Vessel National Law 1 4. Act not to apply to naval ships etc. 1 5. Application to Crown 1 Part 2 — Powers of inspectors Division 1 — Preliminary 6. Terms used 1 Division 2 — General powers Subdivision 1 — Powers relating to vessels, exercisable without consent or warrant 7. Boarding vessels 1 8. Requiring master of vessel to answer questions about vessel's nature or operations 1 9. Powers in relation to vessels 1 10. Failing to comply with certain requirements under s. 9 1 11. Sampling, securing or seizing things found 1 Subdivision 2 — Powers relating to premises, exercisable with consent or under warrant 12. Entering premises 1 13. Powers of inspectors in relation to premises 1 14. Enforcement powers 1 15. Failing to comply with certain requirements of inspectors 1 16. Using force in executing warrant 1 17. Relationship with Subdivision 1 1 Subdivision 3 — Requiring certain documents under Act to be produced for inspection 18. Requiring certain documents to be produced for inspection 1 Subdivision 4 — Obtaining business records 18A. Terms used 1 18B. Application of this Subdivision 1 18C. Application for order to produce 1 18D. Issue of order to produce 1 18E. Order to produce applied for remotely 1 18F. Service of order to produce 1 18G. Effect of order to produce 1 18H. Powers in relation to order to produce 1 Division 3 — Directions and improvement notices 19. Power to give directions 1 20. Directions under s. 19: procedural details 1 21. Directions under s. 19: inspector may remedy failure to comply 1 22. Improvement notices 1 23. Improvement notices given in relation to vessels 1 Division 4 — General provisions relating to powers under Part Subdivision 1 — General matters concerning entry and exercise of powers 24. Consent to entry 1 25. Premises with 2 or more occupiers 1 Subdivision 2 — Warrants 26. Warrants 1 27. Warrants applied for remotely 1 28. Entry under warrant: rights of occupier 1 29. Inspector must be in possession of warrant 1 30. Occupier entitled to observe execution of warrant 1 31. Occupier to provide inspector with facilities and assistance 1 32. Execution of warrant 1 33. Completing execution of warrant after temporary cessation 1 34. Completing execution of warrant stopped by court order 1 Subdivision 3 — Securing things 35. Electronic equipment may be secured pending expert assistance to operate it 1 36. Extending period for which something is secured 1 37. Interfering with securing of things 1 Subdivision 4 — Seizing and detaining things 38. Copies of seized things to be provided 1 39. Receipts for seized things 1 40. Return of seized things 1 41. Judicial officer may permit seized things to be retained 1 42. Forfeiture and disposal of seized things 1 Part 3 — Marine powers and duties 57. General powers to stop and search vessels 1 58. Power to inspect logs and muster crew 1 58A. Compensation in respect of false distress signals 1 58B. Unsafe pleasure or prescribed vessels not to be operated 1 60. Penalty for unlawfully assuming control 1 61. Power to detain unsafe pleasure or prescribed vessels 1 62. Detained vessels: unauthorised operation 1 63. Detained vessels: inspection 1 63A. Detained vessels: return 1 63B. Detained vessels: forfeiture and disposal 1 63C. SAT review of decision to detain vessel or forfeiture declaration 1 64. Marine incidents: terms used 1 64A. Marine incidents: duties 1 64B. Marine incidents: reporting 1 64C. Marine incidents: preserving evidence 1 64D. Marine incidents: power to require responsible person to give information 1 65. Mooring licences 1 66. Closure of waters 1 67. Limiting speed of vessels 1 68. Speed measuring equipment 1 69. Offences relating to hatches 1 70. Offence of being on board vessel unlawfully 1 71. Removal of vessels constituting hazards or obstructions 1 72. Offences in relation to disorderly persons on passenger ships 1 73. Offences in relation to interference with machinery or obstruction of crew 1 74. Penalty for refusing to give name and address etc. 1 75. Arrest of offenders on passenger ships 1 Part 3A — Safe navigation of vessels, and alcohol and drug related offences Division 1 — Preliminary 75A. Terms used 1 75AA. When individual operates or navigates vessel 1 75AB. When vessel is involved in incident 1 75AC. Person taken to be in command or charge of vessel for purposes of Parts 3A and 3B 1 75AD. Person is incapable of having proper control of vessel 1 75AE. Person with BAC of 0.15 or above taken to be incapable of proper control 1 75AF. Circumstances of aggravation 1 Division 2 — Safe navigation of vessels and alcohol and drug related offences Subdivision 1 — Dangerous navigation of vessels occasioning death, grievous bodily harm or bodily harm 75B. Dangerous navigation of vessel occasioning death 1 75BA. Dangerous navigation of vessel occasioning grievous bodily harm 1 75BB. Dangerous navigation of vessel occasioning bodily harm 1 75BC. Careless navigation of vessel occasioning death, grievous bodily harm or bodily harm 1 Subdivision 2 — Reckless, dangerous and careless navigation of vessels 75BD. Reckless navigation of vessel 1 75BE. Dangerous navigation of vessel 1 75BF. Careless navigation of vessel 1 Subdivision 3 — Provisions relating to offences in Subdivisions 1 and 2 75BG. Application of Subdivision 1 75BH. Circumstances occasioning death, grievous bodily harm or bodily harm 1 75BI. Provisions for offences involving incidents occasioning death, grievous bodily harm or bodily harm 1 75BJ. Defence: death or harm not attributable to alcohol or drugs 1 75BK. Defence: death or harm not attributable to manner of operation or level of care and attention 1 75BL. Defence: inspector or police officer navigating vessel in certain circumstances 1 Division 3 — Navigation of vessels while under the influence of alcohol or drugs or impaired by drugs 75C. Navigation of vessel while under influence of alcohol or drugs 1 75CA. Navigation of vessel while under influence of both alcohol and drugs 1 75CB. Defence: under influence of drug prescribed or administered for therapeutic reasons 1 75CC. Master must not permit person under influence of alcohol or drugs or both to operate vessel 1 75CD. Navigation of vessel while impaired by drugs 1 75CE. When person may be convicted of navigation of vessel while impaired by drugs offence 1 75CF. Defence: impaired by drug prescribed or administered for therapeutic reasons 1 75CG. Rights of person charged with particular offences 1 Division 4 — Navigation of vessels with particular BAC or prescribed illicit drug present 75D. Navigation of vessel while BAC is 0.05 or above 1 75DA. Navigation of vessel while BAC is 0.08 or above 1 75DB. Navigation of vessel while prescribed illicit drug present 1 75DC. Navigation of vessel while BAC is 0.05 or above and prescribed illicit drug present 1 75DD. Navigation of vessel while BAC is 0.08 or above and prescribed illicit drug present 1 75DE. Mistaken belief about prescribed illicit drug is not defence 1 Part 3B — Testing for alcohol and drugs Division 1 — Preliminary 75E. Terms used 1 75EA. Authorised operators for operating breath analysing equipment 1 75EB. Authorised drug testers for operating drug testing devices 1 75EC. Using breath sample to work out BAC 1 75ED. Powers additional to other powers 1 Division 2 — Testing for alcohol Subdivision 1 — Preliminary breath tests 75EE. General power to require breath sample for preliminary breath test 1 75EF. Power to require breath sample for preliminary breath test following incident 1 75EG. Compliance with requirement 1 Subdivision 2 — Breath analysis or blood samples following preliminary breath test or commission of certain offences 75EH. Power to require breath or blood sample following requirement for preliminary breath test 1 75EI. Power to require breath or blood sample for analysis following commission of certain offences 1 75EJ. Compliance with requirement 1 75EK. Further sample of breath for breath analysis 1 75EL. When inspector or police officer must not impose testing requirement because of physical incapacity 1 75EM. Breath analysis indicates BAC of 0.05 or above 1 Subdivision 3 — Blood samples in other circumstances including following serious incident 75EN. Power to require blood sample in other circumstances 1 75EO. Power to require blood sample following incident occasioning death or serious bodily harm 1 75EP. When inspector or police officer must not require blood sample to be taken 1 75EQ. Compliance with requirement 1 Division 3 — Testing for drugs Subdivision 1 — Preliminary oral fluid tests 75F. General power to require oral fluid sample for preliminary oral fluid test 1 75FA. Powers to require oral fluid samples for preliminary oral fluid tests 1 75FB. Compliance with requirement 1 Subdivision 2 — Drug testing and blood samples 75FC. Power to require oral fluid sample for drug testing following preliminary oral fluid test 1 75FD. Further sample of oral fluid for drug testing 1 75FE. When inspector or police officer must not impose testing requirement because of physical incapacity 1 75FF. Power to require blood sample instead of oral fluid sample 1 75FG. Compliance with requirement 1 Subdivision 3 — Assessment of drug impairment and related provisions 75FH. Assessments of drug impairment 1 75FI. When inspector or police officer must not impose testing requirement because of physical incapacity 1 75FJ. Power to require blood samples for drug analysis 1 75FK. Compliance with requirement 1 Division 4 — Enforcement powers relating to testing for alcohol and drugs 75G. Requirement to leave vessel, accompany inspector or police officer to place or wait at place 1 75GA. Requirement to stop vessel or navigate to suitable location 1 75GB. Power to board and move vessel 1 75GC. Power to prevent use of vessel by alleged offender 1 75GD. Compliance with requirement 1 75GE. Return of keys to vessel 1 75GF. Prohibiting person from navigating vessel for 24 hours if prescribed illicit drug present 1 75GG. Requirements for prohibition notice 1 Division 5 — Failure to comply with alcohol or drug testing requirements Subdivision 1 — General offences relating to failure to comply with alcohol or drug testing requirements 75H. Failure to comply with requirement: preliminary breath test, preliminary oral fluid test or boarding or moving vessel 1 75HA. Defence: compliance with later requirement 1 75HB. Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place 1 75HC. Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm 1 75HD. Failure to comply with requirement: oral fluid sample for drug testing or blood sample 1 75HE. Failure to comply with requirements relating to assessment of drug impairment 1 Subdivision 2 — Failure to comply with drug testing requirements in circumstances relating to person's BAC 75HF. Term used: drug testing requirement 1 75HG. Failure to comply with drug testing requirement: BAC of 0.05 or above 1 75HH. Failure to comply with drug testing requirement: BAC of 0.08 or above 1 75HI. Failure to comply with drug testing requirement: BAC of 0.15 or above 1 Subdivision 3 — Defence for failing to comply with alcohol or drug testing requirement 75HJ. Substantial reasons for failing to comply with requirements or later providing certain samples 1 Division 6 — General provisions relating to alcohol and drug testing 75I. Responsibility to facilitate medical assistance 1 75IA. When inspector or police officer must not impose testing requirement because of passage of time 1 75IB. Taking of oral fluid samples for oral fluid analysis 1 75IC. Authorisation for prescribed sample takers authorised to take blood samples 1 75ID. Authorisation to take blood samples when person deceased 1 75IE. Taking blood samples for analysis 1 75IF. Oral fluid and blood samples delivered to Chemistry Centre (WA) 1 75IG. Samples of oral fluid or blood not to be used to obtain DNA profile 1 Division 7 — Administrative matters 75J. Regulations relating to alcohol and drug testing and other matters 1 75JA. Minister may approve alcohol and drug testing devices 1 75JB. Delegation by Commissioner of Police 1 Part 4 — International Conventions Division 1 — General 76. Terms used 1 77. Regulations under this Part 1 78. Regulations giving effect to Conventions: discretion of Governor and Minister 1 Division 2 — Prevention of Collisions Convention 79. Regulations giving effect to Prevention of Collisions Convention 1 Division 3 — Container Convention 80. Regulations giving effect to Container Convention 1 81. Safety requirements and tests not required or permitted by the Container Convention not to be imposed 1 Division 4 — Limitation Convention and limitation provisions 82. Interpretation 1 83. Application 1 84. Provisions of Limitation Convention having force of law 1 85. Limitation in relation to non‑seagoing ferries 1 86. Application to determine liability 1 87. Regulations giving effect to Limitation Convention 1 88. Ship owner not to be liable in certain cases of loss of, or damage to, goods 1 89. Ship owner not entitled to limit liability in respect of claims by crew etc. 1 Division 5 — Safety Convention 90. Regulations giving effect to Safety Convention 1 Part 5 — Carriage of dangerous goods 91. Restriction on carriage of dangerous goods 1 92. Penalty for misdescription of goods and sender 1 93. Powers of owner or master as to dangerous goods 1 94. Forfeiture of dangerous goods 1 95. Minister may prohibit carriage of cargo 1 96. Regulations as to dangerous goods 1 97. Explosives on passenger vessels 1 Part 6 — Pleasure vessels and prescribed vessels 99. Regulations in respect of pleasure vessels and prescribed vessels 1 Part 7 — Seaplanes 100. Certain provisions of Act and regulations apply to seaplanes 1 Part 8 — Supplementary and administrative provisions Division 1 — Information protection, disclosure and exchange 107. Terms used 1 108. Protection of information 1 109. Exchange of information between chief executive officer and Commissioner of Police 1 110. Exchange of information between chief executive officer and other authorities 1 111. Disclosure of information to prescribed persons for authorised purposes 1 112. Disclosure of incident information 1 113. Disclosure by means of automated system 1 Division 2 — Regulations 114. Powers in relation to regulations 1 115. Regulations may adopt codes etc. 1 Division 3 — Exemptions and equivalents 115A. Exemptions and equivalents 1 Division 4 — Inspectors and authorised persons 117. Designation 1 118. Identity cards 1 118A. Proof of authority 1 118B. Persons assisting inspectors and authorised persons 1 Division 5 — Certain offences 119. Penalty for obstruction 1 120. Penalty for false declarations etc. 1 120A. Inspector may request details 1 121. Offences in connection with certificates, licences etc. 1 Division 6 — Liability 122. Liability of chief executive officer and owner for costs and compensation in relation to detained vessels 1 123. No liability for certain acts and omissions 1 Division 7 — Administration 124. Delegation by Minister 1 124A. Delegation by chief executive officer 1 124B. Agreement for performance of chief executive officer's functions 1 Division 8 — Miscellaneous 124C. Giving notices, orders, directions and other documents 1 124D. Fixing notices, orders, directions and other documents on or near vessels 1 124E. Making certain things publicly available 1 124F. Application of Criminal and Found Property Disposal Act 2006 1 124FA. Approved forms 1 Part 8A — Disqualification from holding or obtaining WA marine qualification Division 1 — Preliminary 124G. Terms used 1 Division 2 — Disqualification notices 124GA. Disqualification by inspector or police officer 1 124GB. Requirements for disqualification notice 1 124GC. Limitation on giving disqualification notice 1 124GD. Period of disqualification under disqualification notice 1 124GE. Amendment of disqualification notice 1 124GF. Particulars of disqualification notice given to chief executive officer 1 124GG. Revocation of disqualification notice by inspector or police officer 1 124GH. Court may order revocation of disqualification notice 1 124GI. Disqualification notice automatically revoked on acquittal or dismissal of charge 1 124GJ. Period of disqualification under disqualification notice to be taken into account in sentencing 1 Division 3 — Provisions relating to disqualification orders by court 124GK. Application of Division 1 124GL. Notifying chief executive officer of disqualification order 1 124GM. Removal of disqualification 1 124GN. Removal of disqualification: additional provisions 1 124GO. Notifying chief executive officer of disqualification order 1 Division 4 — Effect of disqualifications and other matters 124GP. Effect of disqualification 1 124GQ. Other effects of disqualification 1 124GR. Calculating period of disqualification 1 124GS. Navigating certain vessels when disqualified from holding or obtaining WA marine qualification 1 Part 9 — Legal proceedings Division 1 — Evidentiary provisions for alcohol‑related offences and drug‑related offences Subdivision 1 — Preliminary 124H. Terms used 1 124HA. Certificate is evidence of stated facts 1 124HB. No limit on other evidence in proceedings 1 Subdivision 2 — Evidence in proceedings for alcohol‑related offences 124HC. Alcohol‑related offence and material time 1 124HD. Evidence in proceeding for alcohol‑related offence 1 124HE. Evidence of authorised operator of breath analysing equipment 1 124HF. Certificate of authorised operator of breath analysing equipment 1 124HG. Certificate of analyst relating to analysis of blood sample for alcohol 1 124HH. Proof of person's BAC for certain offences 1 Subdivision 3 — Evidence in proceedings for drug‑related offences 124HI. Drug‑related offence and material time 1 124HJ. Evidence in proceedings for drug‑related offences 1 124HK. Certificate of authorised drug tester 1 124HL. Certificate of drugs analyst relating to analysis of oral fluid or blood sample for drugs 1 124HM. Certificate of approved expert relating to usual effect of particular drugs 1 124HN. Certificate of inspector or police officer 1 124HO. Proof of presence of drugs 1 Subdivision 4 — Other evidentiary provisions 124HP. Certificate of chief executive officer, Commissioner of Police or CEO of Chemistry Centre (WA) 1 124HQ. Certificate of technologist who prepared sampling equipment 1 124HR. Certificate of prescribed sample taker 1 124HS. Evidence of delivery of blood or oral fluid samples 1 124HT. Procedural requirements for admissibility of particular certificate evidence 1 124HU. Evidence relating to preliminary oral fluid test, drug testing and preliminary breath test admissible in certain proceedings with consent 1 Division 2 — Provisions relating to sentencing for dangerous navigation and alcohol and drug related offences 124I. Term used: young person 1 124IA. Limitation on period for which previous offences taken into account 1 124IB. Sentencing for particular offences: option for community based order or youth community based order 1 124IC. Sentencing for particular offences if community based order or intensive supervision order imposed 1 124ID. Pre‑sentence report required for sentencing for navigation while impaired by drugs 1 124IE. Sentencing for first offence of navigation while impaired by drugs or failure to comply with drug impairment assessment 1 124IF. Sentencing for second or subsequent offence of navigation while impaired by drugs or failure to comply with drug impairment assessment 1 124IG. Mandatory disqualification 1 124IH. Minimum fines 1 Division 3 — General matters 125. Evidence of documents and proof of signature 1 125A. Limitation period for prosecutions 1 126. Admissibility of documents in evidence 1 127. Service of summons and process 1 129. Averments relating to vessels 1 130. Averment relating to qualifications of crew 1 131. Place where act committed 1 132. Proceedings by way of infringement notice 1 133. Onus on owner to identify person in charge of vessel 1 Part 10 — Repeal and transitional provisions Division 1 — Western Australian Marine Act 1982 135. Repeals 1 Division 2 — Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 136. Certain orders, notices, exemptions and certificates 1 137. Transitional regulations 1 Division 3 — Western Australian Marine Amendment Act 2023 138. Offences against repealed section 59 1 139. Transitional regulations 1 Schedule 1 — Container Convention Schedule 2 — Limitation Convention Schedule 3 — Prevention of Collisions Convention Schedule 4 — Safety Convention Schedule 5 — 1978 Protocol relating to Safety Convention Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Western Australian Marine Act 1982 An Act to regulate navigation of, and to provide for the safe use of, waters in or relating to the State, and for related purposes. [Long Title inserted: No. 24 of 2023 s. 37.] Part 1 — Preliminary [Heading amended: No. 24 of 2023 s. 38.] 1. Short title This Act may be cited as the Western Australian Marine Act 1982. 2. Commencement The provisions of this Act shall come into operation on such day or days as is or are respectively fixed by proclamation after the approval of Her Majesty thereto has been proclaimed in the State. 3. Terms used (1) In this Act, unless the contrary intention appears — alcohol or drug testing requirement, in relation to a person, means a requirement imposed on the person under Part 3B Division 2 or 3; analyst has the meaning given in the Road Traffic Act 1974 section 65; authorised person means a person designated under section 117(1) as an authorised person for the purposes of the provision in which the term is used; BAC, in relation to a person, means the concentration of alcohol in the person's blood, expressed in grams of alcohol per 100 mL of blood; Example for this definition: A BAC of 0.08 g is a concentration of 0.08 g of alcohol per 100 mL of blood. bodily harm has the meaning given in The Criminal Code section 1(1); Chemistry Centre (WA) means the body established by the Chemistry Centre (WA) Act 2007 section 4(1); chief executive officer means the chief executive officer of the Department; Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892; dangerous goods has the same meaning as in the Dangerous Goods Safety Act 2004; dentist means a person — (a) registered under the Health Practitioner Regulation National Law (Western Australia) in the dental profession; and (b) whose name is entered on the dentists division of the Register of Dental Practitioners kept under that Law; Department means the department of the Public Service principally assisting the Minister in the administration of this Act; detained vessel means a vessel detained under section 61; domestic commercial vessel has the meaning given in the Scheduled Domestic Commercial Vessel National Law section 7; drug has the meaning given in the Road Traffic Act 1974 section 65; drugs analyst has the meaning given in the Road Traffic Act 1974 section 65; equipment in relation to a vessel, includes every thing or article belonging to or to be used in connection with, or necessary for the navigation and safety of, the vessel and, in particular, includes boats, tackle, pumps, apparel, furniture, lifesaving appliances, spars, masts, rigging, sails, fog signals, lights, signals of distress, signalling lamps, pilot ladders, radio equipment, medicines, medical and surgical stores and appliances, fire prevention, detecting and extinguishing appliances, inert gas systems, echo‑sounding devices, mechanical pilot hoists, buckets, compasses, charts, axes, lanterns and gear and apparatus for loading or unloading, or otherwise handling, cargo, and includes also such other things as may be prescribed; explosives means a substance or article used or manufactured with the purpose of producing a practical effect by explosion or a pyrotechnic effect; foreign vessel has the meaning given in the Navigation Act 2012 (Commonwealth) section 14(1); former Navigation Act means the Navigation Act 1912 (Commonwealth) as in force before it was repealed; grievous bodily harm has the meaning given in The Criminal Code section 1(1); identity card means an identity card issued under section 118; infringement notice has the meaning given in section 132(1); inspector means — (a) a person designated under section 117(1) as an inspector for the purposes of the provision in which the term is used; or (b) a member of a class of police officer designated under section 117(2) as inspectors for the purposes of the provision in which the term is used; leave vessel, accompany officer or wait requirement, in relation to a person, means a requirement imposed on the person under section 75G; marine qualification means — (a) a WA marine qualification; or (b) a qualification, permit, licence or certificate (however described) issued to a person — (i) in relation to navigating or operating a vessel (as those terms are defined in section 75AA(1) and (2)), or required by crew of a vessel; and (ii) under a law of another Australian jurisdiction or an overseas jurisdiction; marine qualification information has the meaning given in section 107; master, of a vessel — (a) means the person who has command or charge of the vessel; but (b) does not include a pilot; medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession; mooring information has the meaning given in section 107; nurse practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing profession whose registration under that Law is endorsed as nurse practitioner; officer — (a) of a body corporate — has the meaning given in the Corporations Act 2001 (Commonwealth) section 9; and (b) of the Department — means a public service officer in the Department; owner in relation to a vessel means any person exercising, or discharging or claiming the right or accepting the obligation to exercise or discharge, any of the powers or duties of an owner whether on their own behalf or on behalf of another and includes a person who is the owner jointly with any other person or persons and an officer of a body corporate; partially smooth waters means waters within such geographical limits as are prescribed for the purposes of this definition; passenger means every person on board a vessel other than — (a) the master, members of the crew, other persons employed or engaged in any capacity on board the vessel in the business of that vessel; and (b) a child under one year of age; passenger vessel means a vessel that carries, or is certified to carry, more than 12 passengers; personal watercraft — (a) means a craft that is — (i) powered by a motor; and (ii) designed (whether or not exclusively) to be operated by a person on or astride the hull and not within it; and (b) includes a craft that was designed (whether or not exclusively) as a personal watercraft but which has been — (i) modified; or (ii) transformed into some other sort of vessel; pilot means a person who does not belong to, but has the conduct of, a vessel; pleasure vessel — (a) means a vessel held wholly for the purpose of recreational or sporting activities and not for hire or reward; but (b) does not include a domestic commercial vessel; prescribed means prescribed by regulations made under this Act; prescribed illicit drug means a drug that is — (a) a prescribed illicit drug as defined in the Road Traffic Act 1974 section 65; or (b) a drug prescribed for the purposes of this definition; prescribed vessel means a vessel that is prescribed, or in a class of vessel prescribed, for the purposes of this definition, other than a regulated Australian vessel, a foreign vessel, a domestic commercial vessel or a pleasure vessel; regulated Australian vessel has the meaning given in the Navigation Act 2012 (Commonwealth) section 15; Scheduled Domestic Commercial Vessel National Law means the Marine Safety (Domestic Commercial Vessel) National Law set out in the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Commonwealth) Schedule 1; smooth waters means waters within the geographical limits prescribed for the purposes of this definition; specified, in relation to a direction (whether or not in writing), order, notice, regulation or other instrument or document under this Act, means specified in the direction, order, notice, regulation, instrument or document; State waters means — (a) the territorial sea adjacent to the State; and (b) the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and (c) waters within the limits of the State; territorial sea has the meaning given in the Seas and Submerged Lands Act 1973 (Commonwealth) section 3(1); vessel, subject to subsection (2) — (a) means, a craft for use, or that is capable of being used, in navigation by water, however propelled or moved; and (b) includes an air‑cushion vehicle, a barge, a personal watercraft, a submersible and a wing‑in‑ground effect craft; vessel information has the meaning given in section 107. WA marine qualification means a qualification, including a licence, issued to a person under this Act that authorises the person to navigate a vessel (as defined in section 75AA(2)). (2) The regulations may specify that a prescribed class of thing is or is not a class of vessel for the purposes of the definition of vessel in subsection (1). [Section 3 amended: No. 35 of 1990 s. 4 and 21; No. 47 of 1993 s. 33(1); No. 57 of 1997 s. 130(1); No. 7 of 2004 s. 70; No. 55 of 2004 s. 1309; No. 24 of 2023 s. 39(1)‑(7); No. 31 of 2023 s. 4.] 3A. Vessels and crew to which Act applies (1) Except as expressly provided otherwise in this Act, this Act applies to and in relation to the following vessels and their owners, masters, pilots and crew — (a) a vessel in State waters; (b) a vessel connected with the State, wherever it may be, other than a pleasure vessel or prescribed vessel while it is in the waters of another State or a Territory of the Commonwealth. (2) For the purposes of this section, a vessel connected with the State includes a vessel that is — (a) registered, or required to be registered, under this Act; or (b) registered under the Shipping Registration Act 1981 (Commonwealth), with a home port in the State; or (c) owned by a person who is ordinarily resident in the State; or (d) owned by a person whose place of business, or principal place of business, is in the State; or (e) owned by a person whose principal place of business for managing the vessel's operations is in the State; or (f) declared by the regulations to be a vessel connected with the State. [Section 3A inserted: No. 24 of 2023 s 40; amended: No 31 of 2023 s. 5.] 3B. Relationship to Domestic Commercial Vessel National Law (1) In this section — applied provisions has the meaning given in the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 section 4(1); Commonwealth domestic commercial vessel national law has the meaning given in the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 section 4(1); Domestic Commercial Vessel National Law means — (a) the Commonwealth domestic commercial vessel national law; and (b) the applied provisions. (2) The Domestic Commercial Vessel National Law prevails over this Act to the extent of any inconsistency. [Section 3B inserted: No. 24 of 2023 s. 40.] 4. Act not to apply to naval ships etc. This Act does not apply to or in relation to a vessel belonging to the naval, military or air forces of the Commonwealth or of any other country, including a foreign country. 5. Application to Crown This Act binds the Crown. Part 2 — Powers of inspectors [Heading inserted: No. 24 of 2023 s. 42.] Division 1 — Preliminary [Heading inserted: No. 24 of 2023 s. 42.] 6. Terms used (1) In this Part — evidential material means a thing that is relevant to an offence (within the meaning of subsection (2)) under this Act; judicial officer means a magistrate; occupier, in relation to premises, includes — (a) a person who apparently represents the occupier of the premises; and (b) if the premises are a vessel — the master of the vessel; official details — (a) of a police officer — means the officer's surname and rank and, if the officer's official details are required to be stated on a document, the officer's registered number; and (b) of an inspector — means the inspector's full name and official title; premises includes — (a) a structure, building, vehicle, vessel or aircraft; and (b) a place (whether or not enclosed or built on); and (c) a part of a thing referred to in paragraph (a) or (b); remote communication means any way of communicating at a distance, including by telephone, email and radio; warrant means a warrant issued under section 26. (2) For the purposes of the definition of evidential material, a thing is relevant to an offence if it is relevant to an offence as described in the Criminal Investigation Act 2006 section 5. [Section 6 inserted: No. 24 of 2023 s. 42; amended: No. 31 of 2023 s. 6.] Division 2 — General powers [Heading inserted: No. 24 of 2023 s. 42.] Subdivision 1 — Powers relating to vessels, exercisable without consent or warrant [Heading inserted: No. 24 of 2023 s. 42.] 7. Boarding vessels (1) An inspector may board a vessel, whether or not the vessel is underway, for 1 or both of the following purposes — (a) determining whether this Act is being or has been complied with; (b) exercising any of the powers under this Act that the inspector may exercise in relation to the vessel. (2) The master of a vessel that an inspector proposes to board must take reasonable steps to facilitate the boarding if required by the inspector to do so. Penalty for this subsection: a fine of $2 000. (3) An inspector proposing to board a vessel may enter any premises that are not used as a residence to gain access to the vessel. (4) If an inspector who boards a vessel or enters premises under this section fails to produce their identity card, or evidence that they are a police officer (if not in uniform), when requested to do so by the master of the vessel or by the occupier of the premises, the inspector — (a) must leave the vessel or premises; and (b) must not board the vessel or enter the premises again without producing their identity card or evidence that they are a police officer (if not in uniform). [Section 7 inserted: No. 24 of 2023 s. 42.] 8. Requiring master of vessel to answer questions about vessel's nature or operations (1) An inspector may require the master of a vessel — (a) to answer questions put by the inspector about the nature or operations of the vessel; and (b) to produce for inspection any books, records or other documents about the nature or operations of the vessel requested by the inspector. (2) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) commits an offence. Penalty for this subsection: a fine of $2 000. [Section 8 inserted: No. 24 of 2023 s. 42.] 9. Powers in relation to vessels (1) An inspector may exercise the powers under this section in relation to a vessel for the purposes of determining whether this Act is being or has been complied with. (2) The inspector may, in relation to the vessel, do 1 or more of the following — (a) search the vessel or anything on the vessel; (b) examine or observe any activity conducted on the vessel; (c) inspect, examine, take measurements of or conduct tests on the vessel or anything on or belonging to the vessel; (d) take photographs, video recordings or other recordings of the vessel or anything on the vessel; (e) without limiting section 18, require the production for inspection of any document on the vessel or issued or required to be held under this Act in relation to the vessel; (f) take extracts from, or make copies of, any document produced under paragraph (e); (g) take onto the vessel any equipment and materials that the inspector requires for the purpose of exercising powers in relation to the vessel; (h) require a person on the vessel to demonstrate the operation of machinery or equipment on the vessel; (i) require a person on the vessel to give the inspector 1 or more of the following — (i) the person's name; (ii) the person's residential address; (iii) the person's date of birth; (iv) evidence of the person's identity; (j) require, by any reasonable means, the master of the vessel to do 1 or more of the following — (i) stop or manoeuvre the vessel; (ii) adopt or maintain a specified course or speed; (iii) take the vessel to a specified place. (3) The inspector may, when on board the vessel, operate electronic equipment on the vessel to determine whether the following contain information that is relevant to the purposes of this section — (a) the equipment; (b) an information storage device that — (i) is on the vessel; and (ii) can be used with the equipment or is associated with the equipment. (4) If information that is relevant to the purposes of this section is found in the exercise of a power under this section, the inspector may, when on board or leaving the vessel, do 1 or more of the following — (a) operate electronic equipment on the vessel to put the information in documentary form; (b) operate electronic equipment on the vessel to transfer the information to an information storage device that — (i) is brought onto the vessel for that purpose; or (ii) is on the vessel and the use of which for that purpose has been agreed to in writing by the master of the vessel; (c) remove the documents or information storage device from the vessel. (5) The inspector may operate electronic equipment as mentioned in subsection (3) or (4) only if the inspector believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment. (6) A power under subsection (2) may be exercised whether or not the inspector — (a) is on board the vessel; or (b) has reasonable grounds for suspecting that there may be evidential material on the vessel. [Section 9 inserted: No. 24 of 2023 s. 42.] 10. Failing to comply with certain requirements under s. 9 (1) A person who, without reasonable excuse, fails to comply with a requirement under section 9(2)(e), (h), (i) or (j) commits an offence. Penalty for this subsection: a fine of $5 000. (2) A person commits an offence if, in response to a requirement made under section 9(2)(i), the person gives a false name, address or date of birth or false evidence of identity. Penalty for this subsection: a fine of $5 000. [Section 10 inserted: No. 24 of 2023 s. 42.] 11. Sampling, securing or seizing things found (1) This section applies if — (a) a thing is found during the exercise of a power under section 9 in relation to a vessel; and (b) the inspector believes on reasonable grounds that — (i) the thing is evidential material; and (ii) 1 or more of the powers under this section need to be exercised in order to prevent concealment, loss or destruction of the evidential material; and (iii) the power or powers need to be exercised without a warrant either because of serious and urgent circumstances or because it is not practicable to obtain a warrant. (2) The inspector may do 1 or more of the following — (a) take a sample of the thing and remove the sample from the vessel; (b) secure the thing for up to 72 hours; (c) subject to subsection (3), seize the thing. (3) If the thing is equipment or an information storage device that has been operated or used under section 9(3), the 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 9(4)(a) or to transfer all that evidential material as mentioned in section 9(4)(b); or (b) the inspector believes on reasonable grounds that possession of the equipment or the information storage device could constitute an offence against a law of the State. (4) In exercising a power under this section, the inspector must, as far as practicable, minimise damage to any property. [Section 11 inserted: No. 24 of 2023 s. 42.] Subdivision 2 — Powers relating to premises, exercisable with consent or under warrant [Heading inserted: No. 24 of 2023 s. 42.] 12. Entering premises (1) An inspector may enter any premises for the purposes of determining whether this Act is being or has been complied with. (2) An inspector may enter any premises if the inspector has reasonable grounds for suspecting that there may be evidential material on the premises. (3) Despite subsections (1) and (2), the inspector cannot enter the premises unless — (a) entry is in accordance with the consent of the occupier of the premises, given under section 24, and, if requested to do so by the occupier, the inspector has produced their identity card or evidence that they are a police officer (if not in uniform); or (b) the entry is made under a warrant. Note for this subsection: Division 4 includes provisions that deal with consent to entry and matters relating to entry under a warrant. [Section 12 inserted: No. 24 of 2023 s. 42.] 13. Powers of inspectors in relation to premises (1) An inspector may exercise the powers under this section in relation to premises entered under section 12 for the purposes of determining whether this Act is being or has been complied with (whether or not the inspector has reasonable grounds for suspecting that there may be evidential material on the premises). (2) The inspector may, in relation to the premises, do 1 or more of the following — (a) search the premises or anything on the premises; (b) examine or observe any activity conducted on the premises; (c) inspect, examine, take measurements of or conduct tests on anything on the premises; (d) take photographs, video recordings or any other recordings of the premises or anything on the premises; (e) inspect any document on the premises; (f) take extracts from, or make copies of, any document inspected under paragraph (e); (g) take onto the premises any equipment and materials that the inspector requires for the purpose of exercising powers in relation to the premises. (3) The inspector may, when on the premises, operate electronic equipment on the premises to determine whether the following contain information that is relevant to the purposes of this section — (a) the equipment; (b) an information storage device that — (i) is on the premises; and (ii) can be used with the equipment or is associated with the equipment. (4) If information that is relevant to the purposes of this section is found in the exercise of a power under this section, the inspector may, when on or leaving the premises, do 1 or more of the following — (a) operate electronic equipment on the premises to put the information in documentary form; (b) operate electronic equipment on the premises to transfer the information to an information storage device that — (i) is brought to the premises for that purpose; or (ii) is on the premises and the use of which for that purpose has been agreed to in writing by the occupier of the premises; (c) remove the document or information storage device from the premises. (5) The inspector may operate electronic equipment as mentioned in subsection (3) or (4) only if the inspector believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment. (6) The inspector may secure a thing on the premises for up to 72 hours if — (a) the thing is found during the exercise of a power under this section in relation to the premises; and (b) the inspector believes on reasonable grounds that — (i) the thing is evidential material; and (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and (iii) it is necessary to secure the thing without a warrant because the circumstances are serious and urgent. [Section 13 inserted: No. 24 of 2023 s. 42.] 14. Enforcement powers (1) An inspector may exercise the powers under this section in relation to premises entered under section 12 if the inspector has reasonable grounds for suspecting that there may be evidential material on premises. (2) The inspector may, in relation to the premises, do 1 or more of the following — (a) if entry to the premises is with the occupier's consent — search the premises and anything on the premises for evidential material; (b) if entry to the premises is under a warrant — (i) search the premises and anything on the premises for evidential material of the kind specified in the warrant; and (ii) seize evidential material of that kind; (c) inspect, examine, take measurements of, conduct tests on or take samples of evidential material referred to in paragraph (a) or (b) (whichever is relevant); (d) take photographs, video recordings or any other recordings of the premises or evidential material referred to in paragraph (a) or (b) (whichever is relevant); (e) take onto the premises any equipment and materials that the inspector requires for the purpose of exercising powers in relation to the premises; (f) require a person on the premises to demonstrate the operation of machinery or equipment on the premises. (3) The inspector may, when on the premises, operate electronic equipment on the premises to determine whether the following contain evidential material referred to in subsection (2)(a) or (b) (whichever is relevant) — (a) the equipment; or (b) an information storage device that — (i) is on the premises; and (ii) can be used with the equipment or is associated with the equipment. (4) If evidential material is found in the exercise of a power under this section, the inspector may, when on or leaving the premises, do 1 or more of the following — (a) operate electronic equipment on the premises to put the evidential material in documentary form; (b) operate electronic equipment on the premises to transfer the evidential material to an information storage device that — (i) is brought to the premises for that purpose; or (ii) is on the premises and the use of which for that purpose has been agreed to in writing by the occupier of the premises; (c) remove the document or information storage device from the premises; (d) if entry to the premises is under a warrant and the equipment or information storage device referred to in subsection (3) contains evidential material — seize the equipment or information storage device. (5) The inspector may operate electronic equipment as mentioned in subsection (3) or (4) only if the inspector believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment. (6) The inspector may seize the equipment or information storage device as mentioned in subsection (4)(d) only if — (a) it is not practicable to put the evidential material in documentary form as mentioned in subsection (4)(a) or to transfer the evidential material to a device as mentioned in subsection (4)(b); or (b) the inspector believes on reasonable grounds that possession of the equipment or information storage device by the occupier could constitute an offence against a law of the State. (7) The inspector may seize a thing if — (a) entry to the premises is under a warrant; and (b) the inspector, in the course of searching for evidential material of the kind specified in the warrant, finds the thing and the inspector believes on reasonable grounds that the thing is evidential material; and (c) the inspector believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction. (8) A person who, without reasonable excuse, fails to comply with a requirement under subsection (2)(f) commits an offence. Penalty for this subsection: a fine of $5 000. [Section 14 inserted: No. 24 of 2023 s. 42.] 15. Failing to comply with certain requirements of inspectors (1) An inspector who is on premises that the inspector has entered under a warrant may require any person on the premises to — (a) answer any questions put by the inspector; and (b) produce for inspection any books, records or documents requested by the inspector. (2) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) commits an offence. Penalty for this subsection: a fine of $5 000. [Section 15 inserted: No. 24 of 2023 s. 42.] 16. Using force in executing warrant In executing a warrant, an inspector may use any force against persons and things that is necessary and reasonable in the circumstances. [Section 16 inserted: No. 24 of 2023 s. 42.] 17. Relationship with Subdivision 1 (1) This Subdivision does not limit Subdivision 1. (2) Subdivision 1 does not prevent this Subdivision from applying to premises that are vessels. [Section 17 inserted: No. 24 of 2023 s. 42.] Subdivision 3 — Requiring certain documents under Act to be produced for inspection [Heading inserted: No. 24 of 2023 s. 42.] 18. Requiring certain documents to be produced for inspection (1) An inspector may, in the exercise of a power under this Act, require a person to produce for inspection any licence, permit, certificate or other document issued to or required to be held by the person under this Act. (2) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) commits an offence. Penalty for this subsection: a fine of $5 000. (3) An inspector may take an extract from, or make a copy of, a document produced under subsection (1). [Section 18 inserted: No. 24 of 2023 s. 42.] Subdivision 4 — Obtaining business records [Heading inserted: No. 31 of 2023 s. 7.] 18A. Terms used In this Subdivision — business means any business, including a business of a governmental body or instrumentality or of a local government, or any occupation, trade or calling; business record means a record prepared or used in the ordinary course of a business for the purpose of recording any matter related to the business; order to produce means an order issued under section 18D. [Section 18A inserted: No. 31 of 2023 s. 7.] 18B. Application of this Subdivision (1) An order to produce must not be issued under this Subdivision to a person in relation to a business record that relates or may relate to an offence that the person is suspected of having committed. (2) This Subdivision does not prevent an inspector from applying for a warrant in relation to a business record, whether before or after the issue of an order to produce. [Section 18B inserted: No. 31 of 2023 s. 7.] 18C. Application for order to produce (1) An inspector may apply for an order to produce a business record for the purpose of investigating a suspected contravention of this Act. (2) An application for an order to produce must be made in person to a JP. (3) An application for an order to produce a business record must — (a) state the applicant's official details; and (b) state the suspected contravention of this Act in relation to which the order is required; and (c) state the grounds on which the applicant suspects that the contravention has occurred; and (d) set out the prescribed information (if any); and (e) state the name of the person to whom the order will apply; and (f) state that the person is not suspected of having committed an offence under this Act to which the business record relates; and (g) describe with reasonable particularity the business record or class of business record that the applicant wants the person to produce; and (h) state the grounds on which the applicant suspects the business record or class of business record is relevant to the investigation; and (i) state whether the original or a copy of the business record or class of business record is required. [Section 18C inserted: No. 31 of 2023 s. 7.] 18D. Issue of order to produce (1) On an application made under section 18C, a JP may issue an order to produce a business record if satisfied, by information on oath and in respect of each of the matters in section 18C(3) that the applicant suspects, that there are reasonable grounds for the applicant to have that suspicion. (2) However, the JP must not issue the order to produce unless the applicant or some other person has given the JP, either orally or by affidavit, any further information that the JP may require concerning the grounds on which the issue of the order to produce is sought. (3) An order to produce must contain the following information — (a) the applicant's official details; (b) the name of the person to whom the order applies; (c) a reasonably particular description of the business record or class of business record to be produced by the person; (d) an order that the person produce the record or records; (e) whether the original or a copy of the record or records is required; (f) whether a paper, electronic or other version of the record or records is required; (g) the place where the record or records are to be produced; (h) the date on or before which the order must be obeyed, which must allow a reasonable period for the person to obey the order; (i) the name of the JP who issued the order; (j) the date and time when the order was issued. (4) An order to produce must be in the prescribed form. (5) If a JP refuses to issue an order to produce, the JP must record on the application the fact of, the date and time of, and the reasons for, the refusal. [Section 18D inserted: No. 31 of 2023 s. 7.] 18E. Order to produce applied for remotely (1) An inspector may apply, by remote communication, to a JP for an order to produce under section 18C — (a) in an urgent case; or (b) if the inspector believes on reasonable grounds that a JP is not available within a reasonable distance of the inspector. (2) The JP must not issue the order to produce unless satisfied as to the matter in subsection (1)(a) or (b) (whichever is relevant). (3) The Criminal Investigation Act 2006 section 13(5) to (8) apply in relation to an application under this section. [Section 18E inserted: No. 31 of 2023 s. 7.] 18F. Service of order to produce (1) An order to produce must be served on the person to whom it applies as soon as practicable after it is issued. (2) An order to produce may be served — (a) by personal service or by post; or (b) with the consent of the person to be served, by email or fax or in another agreed way. [Section 18F inserted: No. 31 of 2023 s. 7.] 18G. Effect of order to produce (1) An order to produce has effect according to its contents. (2) A person who is served with an order to produce and who, without reasonable excuse, fails to comply with it commits an offence. Penalty for this subsection: a fine of $5 000. [Section 18G inserted: No. 31 of 2023 s. 7.] 18H. Powers in relation to order to produce (1) An inspector to whom a business record is produced under an order to produce may retain it for a reasonable time to determine its evidentiary value. (2) An inspector to whom a business record is produced may, if necessary to preserve the evidentiary value of the document or to subject it to forensic analysis — (a) seize the document; and (b) whether or not the document is seized, inspect, examine, take measurements of or conduct tests on it; and (c) make and retain a copy of it. (3) Section 40(1)(c) does not apply in relation to a thing seized under subsection (2)(a). (4) A person who produces a business record in compliance with an order to produce is not liable to any action or remedy by any person at common law for producing that document. [Section 18H inserted: No. 31 of 2023 s. 7.] Division 3 — Directions and improvement notices [Heading inserted: No. 24 of 2023 s. 42.] 19. Power to give directions (1) An inspector may give a person a direction requiring the person to take any action that is reasonable in the circumstances if the inspector believes on reasonable grounds that — (a) the person is contravening, or likely to contravene, a provision of this Act; or (b) it is desirable in the public interest for the inspector to give the person the direction. (2) An inspector may give a person a direction requiring the person to take any action that is reasonable in the circumstances if, in relation to the use of State waters or in relation to a vessel, an inspector believes on reasonable grounds that it is necessary to give the person the direction in order to protect the safety of people or to protect the environment. (3) Without limiting subsection (1) or (2), a direction may require the person given the direction to ensure that — (a) a specified vessel is not operated; or (b) a specified vessel is moved from, or taken to, a specified place; or (c) a specified activity is or is not engaged in; or (d) a specified activity is or is not engaged in, in a specified manner or at a specified place. (4) A person given a direction under subsection (1) or (2) must comply with it. Penalty for this subsection: a fine of $5 000. [Section 19 inserted: No. 24 of 2023 s. 42.] 20. Directions under s. 19: procedural details (1) A direction under section 19 must — (a) be given in writing, unless the inspector believes on reasonable grounds that there is an urgent need to protect the safety of people or to protect the environment; and (b) specify the period within which the action must be taken; and (c) include the inspector's reasons for giving the direction. (2) The direction may include specified steps that the person given the direction must take to satisfy the inspector that the action required to be taken to comply with the direction has been taken. (3) Before the end of the period specified in a direction, an inspector may extend the period in writing and, in that case, the references in sections 19 and 21 to the period specified are references to that period as extended under this subsection. [Section 20 inserted: No. 24 of 2023 s. 42.] 21. Directions under s. 19: inspector may remedy failure to comply (1) If a person given a direction under section 19 does not take the action specified in the direction within the period specified, an inspector may take the action or arrange for it to be taken. (2) The inspector may do all things necessary for the purposes of subsection (1). (3) The chief executive officer may recover the reasonable costs and expenses incurred under subsection (1) from the person given the direction and may seek an order for the recovery of those costs and expenses in a court of competent jurisdiction. [Section 21 inserted: No. 24 of 2023 s. 42.] 22. Improvement notices (1) An inspector may give a notice under this section (an improvement notice) to a person if the inspector believes on reasonable grounds that the person — (a) is contravening a provision of this Act; or (b) has contravened a provision of this Act and is likely to contravene that provision again. (2) The inspector must specify in the notice — (a) the provision that the inspector believes is being or is likely to be contravened; and (b) the reasons for that belief; and (c) that the person given the notice must take action to remedy or prevent the contravention; and (d) the period within which the person must comply with the notice. (3) The inspector may specify in the notice any action the person must or must not take during the period specified in the notice. (4) Before the end of the period specified in the notice, an inspector may extend the period in writing. (5) A person given an improvement notice must ensure that the notice is complied with to the extent that it relates to any matter over which the person has control. Penalty for this subsection: a fine of $5 000. [Section 22 inserted: No. 24 of 2023 s. 42.] 23. Improvement notices given in relation to vessels (1) A person given an improvement notice under section 22(1) in relation to a vessel must ensure that a copy of the notice is displayed — (a) as directed by the inspector who issued the notice; or (b) if there is no such direction — in a prominent place on or near the vessel. Penalty for this subsection: a fine of $2 000. (2) The inspector who gave the notice referred to in subsection (1) must give a copy of the notice to each of the following persons, unless the person has been given the notice under section 22(1) — (a) the owner of the vessel; and (b) the master of the vessel. (3) A failure to comply with subsection (2) does not affect the validity of the notice. (4) A person must not, without reasonable excuse — (a) tamper with a notice displayed under subsection (1); or (b) remove a notice displayed under subsection (1) before the notice has ceased to have effect. Penalty for this subsection: a fine of $2 000. [Section 23 inserted: No. 24 of 2023 s. 42.] Division 4 — General provisions relating to powers under Part [Heading inserted: No. 24 of 2023 s. 42.] Subdivision 1 — General matters concerning entry and exercise of powers [Heading inserted: No. 24 of 2023 s. 42.] 24. Consent to entry (1) For the purposes of section 12(3)(a), a person gives consent to entry to premises by an inspector if the person consents after being informed by the inspector — (a) of the power of entry that the inspector wants to exercise in respect of the premises; and (b) of the reason why the inspector wants to exercise the power; and (c) that the person can refuse to consent to the inspector entering the premises. (2) A consent has no effect unless the consent is voluntary. (3) A consent may be expressed to be limited to entry during a particular period and, if so, the consent has effect for that period unless the consent is withdrawn, or the purposes of the entry are fulfilled, before the end of that period. (4) A consent that is not limited to a period has effect until the consent is withdrawn or the purposes of the entry are fulfilled. (5) If an inspector enters premises under section 12 with the consent of the occupier of the premises, the inspector, and any person assisting the inspector, must leave the premises as soon as practicable after the consent ceases to have effect. [Section 24 inserted: No. 24 of 2023 s. 42.] 25. Premises with 2 or more occupiers If under this Part any information must be given to, or consent may be obtained from, or any thing must be done in respect of, the occupier of premises, then in a case where there are 2 or more occupiers of the premises, it is sufficient to give the information to, or obtain consent from, or do the thing in respect of, any 1 of the occupiers. [Section 25 inserted: No. 24 of 2023 s. 42.] Subdivision 2 — Warrants [Heading inserted: No. 24 of 2023 s. 42.] 26. Warrants (1) An inspector may apply in person to a judicial officer for a warrant in relation to premises. (2) The judicial officer may issue the warrant if satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, evidential material on the premises. (3) However, the judicial officer must not issue the warrant unless the inspector or some other person has given to the judicial officer, either orally or by affidavit, any further information that the judicial officer may require concerning the grounds on which the issue of the warrant is sought. (4) The warrant must — (a) describe the premises to which the warrant relates; and (b) state that the warrant is issued under this section; and (c) specify the offence or offences to which the warrant relates; and (d) state the kind of evidential material that may be searched for under the warrant; and (e) state the inspector's official details; and (f) authorise the inspector to enter the premises for the purposes of this Part; and (g) state that the inspector may exercise powers under this Part in relation to the premises; and (h) state whether the entry is authorised to be made at any time of the day or during specified hours of the day; and (i) specify the day, not more than 1 week after the issue of the warrant, on which the warrant ceases to be in force. (5) A warrant must be in the prescribed form. [Section 26 inserted: No. 24 of 2023 s. 42.] 27. Warrants applied for remotely (1) An inspector may apply, by remote communication, to a judicial officer for a warrant under section 26 — (a) in an urgent c