document includes any record of information, however recorded or stored, whether in written or printed form, on film, by electronic means or otherwise.

port includes any place (including a place at sea) at or near which facilities are provided for or in connexion with the loading or unloading of cargo into or from ships.

Secretary means the Secretary to the Department.

ship includes any vessel.

Chapter 2 of the Criminal Code applies to all offences created by this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(1)

The Secretary may collect statistics in relation to all or any of the following matters:

(a)

the loading of cargo into, and the unloading of cargo from, ships, including:

(i)

the employment of persons in or in connexion with such loading or unloading; and

(ii)

the availability of persons for employment in or in connexion with such loading or unloading;

(b)

the loading of cargo into, and the unloading of cargo from, vehicles at a port, being cargo that has been unloaded from, or is to be loaded into, ships at that port, including:

(i)

the employment of persons in or in connexion with the first-mentioned loading or unloading; and

(ii)

the availability of persons for employment in or in connexion with the first-mentioned loading or unloading;

(c)

the movement of ships into, from or within ports.

(2)

Subject to subsection (3), the Secretary may, in such manner as he thinks appropriate, cause to be published, or to be made available to other persons, statistics collected in pursuance of subsection (1).

(3)

Subject to subsection (4), subsection (2) does not authorize the publication or making available of statistics in a manner that enables the identification of a particular person or organization.

(4)

Statistics may be published or made available in a manner that enables the identification of a particular person or organization if it is not practicable to publish or make available those statistics in a manner that does not enable the identification of that person or organization.

(1)

For the purpose of enabling the collection of statistics referred to in section 4, the Secretary may, subject to subsection (2), by notice in writing, require a person:

(a)

to furnish to the Secretary, or to a person specified in the notice acting on behalf of the Secretary, such information as is specified in the notice, being information relating to a matter specified in any of the paragraphs of subsection 4(1); or

(b)

to produce to the Secretary, or to a person specified in the notice acting on behalf of the Secretary, books or documents specified in the notice, being books or documents that contain information that relates, or may relate, to a matter specified in any of the paragraphs of subsection 4(1);

within such reasonable time and in such manner as is specified in the notice.

(2)

The powers of the Secretary under subsection (1) to require a person to produce books or documents are exercisable only for the purpose of enabling the Secretary to verify the accuracy of information furnished by the person in pursuance of a requirement under paragraph (1)(a).

(3)

A person must not fail to comply with a requirement under subsection (1).

Penalty: $500.

(4)

It is a defence to a prosecution for an offence against subsection (1) if the defendant complies with the requirement to the extent to which he or she is capable.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

(5)

Strict liability applies to an offence under subsection (3).

Note: For strict liability, see section 6.1 of the Criminal Code.

(6)

A person commits an offence if:

(a)

the person does an act with the intention of avoiding the requirements of this section; and

(b)

the act results in the destruction, mutilation, defacing, concealment or removal of a book or document.

Penalty: $500.

(1)

The Secretary may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person any of his powers under this Act other than this power of delegation and his powers under section 8.

(2)

A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Secretary.

(3)

A delegation under this section does not prevent the exercise of a power by the Secretary.

(1)

Subject to section 9, a person who is or has been an officer shall not, either directly or indirectly, except in the performance of a duty under or in connexion with this Act or except as provided by the regulations:

(a)

make a record of, or (except to, or as authorized by, the Minister) divulge or communicate to any person, any information concerning the affairs of any other person acquired by him in the performance of his duties, or in the exercise of his powers or functions, under or in connexion with this Act; or

(b)

produce to any person a document furnished for the purposes of this Act.

Penalty: $1,000 or imprisonment for 3 months.

(2)

A person to whom information referred to in paragraph (1)(a) is divulged as authorized by or under subsection (1) shall, in respect of that information, be subject to the same obligations and liabilities under subsection (1) as if the person were a person performing duties under this Act and had acquired the information in the performance of those duties.

(3)

For the purposes of this section, any information acquired by an officer in accordance with an arrangement entered into under section 8 shall be deemed to have been acquired by the officer in the performance of a duty under this Act.

(4)

In this section: