Commonwealth Consolidated Acts

MARITIME POWERS ACT 2013 - SECT 63

Maritime officer may examine things

  (1)   A maritime officer may examine a thing.

Examples of examining

  (2)   The officer may do the following:

  (a)   open any package in which the thing is or may be contained;

  (b)   use a device, such as an X - ray machine or ion scanning equipment, on the thing;

  (c)   test or analyse the thing;

  (d)   measure or count the thing;

  (e)   take samples of the thing (even if the sampling destroys the thing);

  (f)   operate the thing;

  (g)   if the thing is or contains a record or document--read the record or document either directly or with the use of an electronic device;

  (h)   use a dog to assist in examining the thing;

  (i)   take photographs or a video recording of the thing;

  (j)   make sketches of the thing.

  (3)   Subsection   ( 2) does not limit subsection   ( 1).

Use of force to examine

  (4)   The officer may use force to open the thing, or any part of the thing.

  (5)   However, before doing so, the officer must give a reasonable opportunity to open the thing, or the part of the thing , to :

  (a)   the person in whose possession the thing was found; and

  (b)   if the thing was found on a vessel, installation, aircraft or l and--the person in charge of the vessel, installation, aircraft or land.

  (6)   Subsection   ( 5) does not apply if it is not reasonably practicable to give such an opportunity.