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MARINE SAFETY VICTORIA - Information for Investigators - Part 2 (29th June 2007)
The following article covers the power of inspectors and vessel registration and should be read in conjunction with Part 1 which also appears on this website.
Statements
The following matters, inter alia, should always be covered:
· Is the interviewee the owner or operator of the vessel or a witness?
· What licences, if any, does he/she hold? Experience?
· Was the incident reported to MSV at the time, and by whom?
· Did the Water Police or other agency attend the incident?
· Is there any civil litigation or police prosecution pending?
Examples of issues which might arise in the course of an MSV Investigation:
· Was the waterway a port, and as such, under the control of a Harbour Master?
· What channel markers & navigation aids were in the vicinity?
· Was the vessel operated by appropriately licenced master and crew?
· Which charts were being used by the Officer On Watch (OOW?)
· Was a proper watch being kept on board the vessel?
· Were meteorological warnings heeded?
· Should the vessel have been under the control of a Pilot?
· Was the master exempt from engaging a Pilot?
Powers of Inspectors
The powers of Inspectors appointed under the Act are to be found in s83. For the purposes of conducting an investigation under s82D an inspector may:
· without unnecessarily delaying the vessel, go on board and inspect any vessel and its equipment; and if it is necessary to do so to enable the inspector to board or leave a vessel, direct the master of the vessel or the person operating the vessel to:
i. to stop the vessel; or
ii. to manoeuvre the vessel in a specified manner or to a specified place; or
iii. to secure the vessel in a specified manner; and
· detain a vessel for so long as is necessary for the purposes of the investigation, up to a maximum period of 48 hours; and if authorised to do so under s83D, detain a vessel for the period authorised under that section; and
i. direct the master or owner of a vessel or the person operating a vessel to do anything necessary to enable the effective and safe detention of the vessel; and
ii. in accordance with a search warrant issued by a magistrate, enter and inspect any premises; and
iii. request a person to give any information or require a person to produce any document in relation to a matter referred to in section 82(2).
· An inspector may enter any land for the purpose of boarding a vessel (other than land used for residential purposes.
· An inspector may do all or any of the following on any vessel boarded:
a. search and inspect the vessel;
b. inspect any thing on the vessel;
c. make copies of, or take extracts from, any document;
d. seize any thing on the vessel if the inspector believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction;
e. test any equipment or substance on the vessel;
f. take samples of any substance;
g. take measurements;
h. take any photographs or make any audio, visual or other recordings that he or she considers necessary;
i. use any assistants or equipment the inspector considers necessary to exercise the powers conferred by this section.
Offence to fail to comply with request of inspector without reasonable excuse
It is an offence for a person, without reasonable excuse, to refuse or fail to comply with a request or requirement made by an inspector in the course of conducting an investigation under section 82D; or to give information to an inspector under section 83 that the person knows to be false or misleading in a material particular; or to obstruct, hinder, impede or oppose an inspector who is exercising a power given to the inspector by or under this Act, or induce or attempt to induce any other person to do so; or prevent, or attempt to prevent, any other person from assisting an inspector.
Self-incrimination a reasonable excuse
s82A(2) states it is a reasonable excuse for a natural person to refuse or fail to give information, produce a document or do any other thing that the person is required to do by or under section 83 if the giving of the information, the production of the document or the doing of that other thing would tend to incriminate the person.
Accordingly, all witnesses must be cautioned before proceeding.
Vessel Registration
The owners of powered recreational vessels are required to register their vessel with Vic Roads, acting as an agent of Marine Safety Victoria. That is, any boat equipped with an engine that is used or is capable of being used for propulsion. Details of individual registration requirements can be obtained from Vic Roads: 13 11 71 or www.vicroads.vic.gov.au
Boats that are not required to be registered include a ‘Tender’ (a boat of not more than 5 metres in length used as a means of transport between the shore and another boat - see VicRoads for complete definition); an unpowered boat (i.e. a boat that does not have an engine that is used or is capable of being used for propulsion); a commercial fishing vessel; a trading vessel; a hire and drive vessel; a boat that is temporarily being operated on State waters; and a boat that is registered in another State or the Commonwealth.
A boat inspection is not required but the boat must be in a seaworthy condition.
The Act states that any person who operates a registered recreational powerboat must have a licence. Operators of personal watercraft (PWC’s) must have their licence endorsed accordingly. Licences are also issued through VicRoads, after a test. Interstate licences will be automatically recognised in Victoria.
- Vince Scopelliti, Managing Director
© Copyright LKA Group Pty Ltd
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