South Australian Consolidated Acts South Australian Consolidated Acts14—Powers of an authorised person
(1) Subject to any
conditions specified in the instrument of appointment, an authorised person
may, for any purpose connected with the administration or enforcement of this
Act, exercise any of the following powers—
(a) the
authorised person may direct any person who is apparently in charge of a
vessel to manoeuvre the vessel in a specified manner, to stop the vessel, or
to stop the vessel and secure it in a specified manner;
(b) the
authorised person may board a vessel—
(i)
for the purpose of determining—
(A) whether the person in charge of the
vessel and the persons acting in key positions as members of the crew of the
vessel hold appropriate certificates of competency or exemptions from the
requirement to hold certificates of competency;
(B) whether the vessel is safe;
(C) whether the vessel is registered in
accordance with this Act;
(D) whether there is a current certificate
of survey or loadline certificate in force in relation to the vessel;
(E) whether the vessel has the equipment
and markings required by the regulations and whether the equipment is in good
working order;
(F) whether the vessel is properly loaded
in accordance with the regulations or the conditions of a certificate of
survey or loadline certificate;
(ii)
for the purpose of investigating—
(A) a suspected offence; or
(B) an accident involving a vessel in the
jurisdiction and resulting in loss of life or injury or in damage to property;
or
(C) any other matter having a proper
connection with the administration of this Act;
(iii)
for the purpose of requiring a person who is operating
the vessel or a member of the crew of the vessel who is, or ought to be,
engaged in duties affecting the safe navigation of the vessel to submit to an
alcotest or breath analysis;
(c) the
authorised person may require a person apparently acting in a position for
which a certificate of competency is required under this Act to produce, at a
specified place and within a specified period, the certificate of competency
or evidence that the person is exempt from the requirement to hold a
certificate of competency;
(d) the
authorised person may require a person who is apparently in charge of a
vessel—
(i)
to produce a certificate of registration in respect of
the vessel; or
(ii)
if the vessel is of a class for which a certificate of
survey or loadline certificate is usually required—to produce the
certificate for inspection or evidence that the vessel is exempt from the
requirement to be surveyed or to have a loadline certificate;
(e) the
authorised person may require a person whom the authorised person reasonably
suspects of having committed an offence against this Act or who is, in the
authorised person's opinion, in a position to give evidence of the commission
of such an offence, to state his or her name and address;
(f) for
the purposes of investigating—
(i)
a suspected offence; or
(ii)
an accident involving a vessel in the jurisdiction and
resulting in loss of life or injury, or in damage to property; or
(iii)
any other matter having a proper connection with the
administration of this Act,
the authorised person may—
(iv)
require a person to answer questions relevant to the
investigation; and
(v)
require a person to produce records or equipment that the
authorised person reasonably suspects are relevant to the investigation; and
(vi)
may inspect the records or equipment, make copies of the
records or their contents or test the equipment and, where reasonably
necessary for those purposes, seize and retain the records or equipment.
(1a) Subject to any
conditions specified in the instrument of appointment, an authorised person
may give expiation notices under the Expiation of Offences Act 1996 for
alleged offences against this Act.
(2) A person
who—
(a)
without reasonable excuse, fails to obey a direction or requirement of an
authorised person under this Act; or
(b)
hinders or obstructs an authorised person in the exercise of powers under this
Act,
is guilty of an offence.
Maximum penalty: $1 250.