Victorian Current Acts

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HERITAGE ACT 2017 - SECT 211

Powers of inspectors—underwater cultural heritage

    (1)     If an inspector has reasonable grounds for believing that it is necessary for the purpose of ascertaining whether an offence against this Act in respect of underwater cultural heritage or the underwater cultural heritage regulations has been or is being committed, or that by doing so evidence in relation to the commission of such an offence may be obtained, the inspector, with or without persons and equipment to assist, may do the following—

        (a)     stop and board a ship;

        (b)     require a person in charge of a ship to take steps to facilitate boarding;

        (c)     open, or require a person to open, any cabins, cargo holds, compartments or containers on any ship boarded in accordance with paragraph (a) and inspect the contents of those cabins, cargo holds, compartments or containers;

        (d)     require any person found in or on a ship boarded in accordance with paragraph (a) to produce any permit in force under this Act that is in their possession;

        (e)     stop and search any vehicle;

        (f)     require any person found in or near any vehicle stopped in accordance with paragraph (e) to produce any permit in force under this Act that is in their possession;

        (g)     require a person to produce any document that the inspector reasonably believes might be relevant to the commission of an offence against this Act or the underwater cultural heritage regulations;

        (h)     search any parcel, basket, bag, box or other receptacle;

              (i)     search any premises that are not a residence or any tent, land or caravan, other than a caravan in a caravan park within the meaning of the Residential Tenancies Act 1997 .

    (2)     A person must not, without reasonable excuse, fail to comply with a requirement made of the person by an inspector in the exercise of a power under subsection (1).

Penalty:     50 penalty units.

    (3)     For the purpose of exercising a power under this section, an inspector may do anything that a person holding a permit under this Act may do.



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