Commonwealth Numbered Acts

ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 No. 103 of 1980 - SECT 17

17. (1) Subject to sub-section (2), an inspector may search a vehicle, sled,
aircraft or vessel if he believes on reasonable grounds that there is in or on
that vehicle, sled, aircraft or vessel-

   (a)  any animal, plant, virus, bacterium, yeast, fungus or article in
        respect of which an offence against this Act has been committed; or

   (b)  anything that will afford evidence as to the commission of an offence
        against this Act, and for that purpose stop or detain that vehicle,
        sled, aircraft or vessel.

(2) Subject to sub-section (3), an inspector shall not search-

   (a)  an aircraft or vessel belonging to an arm of the Defence Force; or

   (b)  a foreign aircraft or foreign vessel, unless permission to do so is
        given by the person for the time being in control of the aircraft or
        vessel and, if that person so requires, personnel of an arm of the
        Defence Force or of the foreign aircraft or foreign vessel, as the
        case may be, are present to supervise the search.

(3) Sub-section (2) does not apply in relation to a foreign aircraft or
foreign vessel (not being an aircraft or vessel of war) while it is in the
Territory.

(4) An inspector may-

   (a)  require any person whom he finds committing or whom he reasonably
        suspects of having committed an offence against this Act to state his
        full name and usual place of residence; and

   (b)  require any person whom he finds doing or whom he reasonably suspects
        of having done an act in respect of which the person is required to
        hold a permit to produce such a permit or evidence of the existence
        and contents of such a permit.

(5) Where an inspector (other than a member of a police force who is in
uniform) stops, or proposes to search or detain, a vehicle, sled, aircraft or
vessel, he shall-

   (a)  in the case of a member of a police force-produce, for inspection by
        the person in charge of that vehicle, sled, aircraft or vessel,
        written evidence of the fact that he is a member of a police force; or

   (b)  in any other case-produce his identity card for inspection by that
        person, and, if he fails to do so, he is not authorized to search or
        detain that vehicle, sled, aircraft or vessel.

(6) Where an inspector (other than a member of a police force who is in
uniform) makes a requirement of a person in pursuance of sub-section (4), he
shall-

   (a)  in the case of a member of a police force-produce, for inspection by
        that person, written evidence of the fact that he is a member of a
        police force; or

   (b)  in any other case-produce his identity card for inspection by that
        person, and, if he fails to do so, that person is not obliged to
        comply with the requirement.

(7) A person who, without reasonable excuse, fails to comply with a
requirement made of him by an inspector under this section is guilty of an
offence punishable on conviction by a fine not exceeding $1,000.
(8) For the purposes of paragraph (4) (b), "permit" includes an authority of
another Contracting Party.