Maritime Security Act 2004

54 Persons who refuse to consent to be screened or searched

(1)

If a person refuses to consent to the screening or searching of his or her person or personal effects or vehicle, an authorised person may require that person to leave the ship or port security area or both.

(2)

If a person required to leave refuses to leave, an authorised person, and anyone asked to assist, may use any force that is reasonably necessary to remove that person.

(3)

A person who refuses to leave as required under subsection (1) and, after being warned that he or she commits an offence by not leaving, persists in its commission,—

(a)

may be forcibly detained by an authorised person; and

(b)

if detained, must be delivered to a constable as soon as practicable.

(4)

If the person who refuses to consent is a passenger or a crew member, a company or master may refuse to allow that passenger or crew member to board that company’s ship.

(5)

A company or master who refuses to carry a passenger who refuses to consent is not liable to any civil proceedings, other than a proceeding in respect of any right that the passenger may have for the recovery of the fare or part of the fare.

Compare: 1990 No 98 s 84

Section 54(3)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).