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


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



The Legislation

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.

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