Section 194 Customs Act 1901 | Failing to Provide for Officer when Ship Moored


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The Legislation

Section 194 of the Customs Act 1901 (Cth) deals with Failing to Provide for Officer when Ship Moored and is extracted below.

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194 Ships on service may be moored in any place

(1) The officer in charge of a ship employed in the service of the Customs may:

(a) moor, or haul up and moor, the ship to:

(i) any part of the coast or the shores, banks or beaches of any port, bay, harbour, lake or river; or
(ii) any man made structure at or in any of the places mentioned in subparagraph (i); or
(iii) any man made structure anywhere in the territorial sea of Australia, the contiguous zone of Australia, or the exclusive economic zone of Australia; and

(b) remain at the mooring as long as the officer considers necessary.

(2) A person commits an offence if:

(a) the person is an owner, occupier or operator of any of the places mentioned in paragraph (1)(a); and
(b) the person does not provide the officer with all reasonable facilities and assistance that the person is reasonably capable of providing; and
(c) the person does not do so in circumstances where the officer is exercising, or attempting to exercise, his or her powers under this section.

Penalty: 30 penalty units.