Maritime Security Act 2004 No 16 (as at 01 October 2008), Public Act

32 Inspection of security plans
  • (1) The chief executive may inspect ship security plans to carry out control measures if—

    • (a) the chief executive has clear grounds to believe that the ship is not in compliance with this Act or regulations made under this Act; and

    • (b) the only means to verify or to rectify the non-compliance is to review the relevant requirements of the ship security plan; and

    • (c) consent for the inspection to review the relevant requirements of the ship security plan is obtained from—

      • (i) the master; or

      • (ii) the ship's administration, if the State is a party to the Convention.

    (2) The chief executive may only have access to the specific sections of the ship security plan that relate to the suspected non-compliance.

    (3) Despite subsections (1) and (2), the provisions of a ship security plan that are specified as confidential in regulations made under this Act may not be subject to inspection unless agreed to by—

    • (a) the chief executive; and

    • (b) the ship's administration, if the State is a party to the Convention.

    (4) Despite subsection (3)(b), if the ship is registered in New Zealand or if the ship is registered in a State that is not a party to the Convention, the chief executive may authorise the inspection.

    Compare: Code, Part A s 9