113UCInvestigation of serious violations: search warrant required to enter living quarters or conduct remote access search

1. A high seas fishery inspector must not exercise a power under section 113UB to do either or both of the following without a search warrant:

2. enter any living quarters on a vessel:
3. conduct a remote access search.

4. A high seas fishery inspector must apply for a search warrant in accordance with subpart 3 of Part 4 of the Search and Surveillance Act 2012.

5. An issuing officer (as defined in section 3(1) of the Search and Surveillance Act 2012) must not issue a search warrant unless the officer is satisfied that the high seas fishery inspector has reasonable grounds for requiring, as the case may be,—

6. entry into the living quarters:
7. the conduct of a remote access search.

8. Subparts 1, 3, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply.

9. In this section, living quarters—

10. means an area of a vessel in which people live; but
11. does not include—
    1. a communal area (for example, a mess deck or canteen); or
    2. a work area (for example, the bridge or the master’s office).