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Border Management Authority Act, 2020 (Act No. 2 of 2020)

Chapter 6 : Powers of Entry, Search, Seizure, Arrest and Detention

20. Powers relating to vessels within maritime borders

 

An officer may, without a warrant—

 

(a) order any vessel within the maritime borders of the border law enforcement area to stop;

 

(b) require the master of a vessel to facilitate the boarding of a vessel by that officer by all appropriate means;

 

(c) board a vessel accompanied by such other persons whose assistance is reasonably required in the execution of the officer’s functions and powers;

 

(d) muster the crew of a vessel;

 

(e) require the master to produce for examination and make copies of a certificate of registry, licence, permit, log book or official documents, relating to—
(i) the import or export of goods and the entry or exit of persons into or out of the Republic; or
(ii) a vessel and to the crew or any member thereof or to any person on board the vessel, which is in their respective possession or control on board the vessel;

 

(f) require the master to appear, in person, and give an explanation concerning a vessel, the crew, any person or goods on board the vessel or document referred to in paragraph (e);

 

(g) enquire into whether any provision of this Act has been contravened;

 

(h) make an entry dated and signed in a vessel’s log book;

 

(i) if there are reasonable grounds to believe that an offence under this Act relating to the import or export of goods or the entry or exit of any person has been or is being committed, require the master to take a vessel to any place, port or harbour in the territory of the Republic for the purpose of carrying out any search, examination or enquiry; or

 

(j) give directions to the master and any crew member of any vessel stopped, boarded or searched as may be necessary or reasonably expedient for any purpose specified in this Act or for the compliance by the vessel, master or any crew member with any condition of a licence.