33TInspections and audits of port operations

1. The Director may require that any port company, port operator, or other person who operates, maintains, or services a commercial port, or who does any other act in respect of a commercial port, undergo or carry out inspections and audits that the Director considers necessary in the interests of ensuring maritime safety or preventing marine pollution.

2. The Director may require that person to—

3. provide any information the Director considers relevant to the inspection or audit:
4. demonstrate his or her familiarity, or the familiarity of port personnel, with procedures essential for ensuring maritime safety or preventing marine pollution:
5. demonstrate that any operational, maintenance, or servicing procedure that may affect maritime safety or the marine environment is capable of being carried out in a competent manner.

6. Every person commits an offence who, without reasonable excuse, fails to comply with any requirement of the Director under this section.

7. A person who commits an offence against subsection (3) is liable,—

8. in the case of an individual, to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence is continued:
9. in the case of a body corporate, to a fine not exceeding $100,000 and, if the offence is a continuing one, to a further fine not exceeding $20,000 for every day or part of a day during which the offence is continued:
10. in any case, to an additional penalty under section 409.