ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 122 Searches of vehicles, aircraft and vessels

ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 122

122. (1) This section applies in relation to a vehicle, aircraft or vessel if:

   (a)  an officer believes on reasonable grounds that there is in or on the
        vehicle, aircraft or vessel:

        (i)    anything in respect of which an offence against this Act has
               been committed; or

        (ii)   anything that may afford evidence about the commission of an
               offence against this Act; or

   (b)  the vehicle, aircraft or vessel is in a Commonwealth area in which an
        interim conservation order or a permanent conservation order is in
        force, and a search of the vehicle, aircraft or vessel is reasonably
        necessary for the purpose of ascertaining whether there is in that
        vehicle, aircraft or vessel:

        (i)    anything in respect of which an offence against this Act has
               been committed; or

        (ii)   anything that may afford evidence about the commission of an
               offence against this Act.

(2) The officer may:

   (a)  stop and detain the vehicle or vessel, or detain the aircraft, as the
        case requires; and

   (b)  search the vehicle, aircraft or vessel; and

   (c)  break open and search any compartment, container or other receptacle,
        in or on the vehicle, vessel or aircraft, in which the officer
        suspects on reasonable grounds there to be anything of a kind referred
        to in subsection (1); and

   (d)  examine and seize:

        (i)    anything in respect of which the officer suspects on reasonable
               grounds an offence against this Act has been committed; or

        (ii)   anything that the officer suspects on reasonable grounds may
               afford evidence about the commission of an offence against
               this Act.

(3) An officer (other than a member of a police force who is in uniform) who
stops or proposes to search or detain a vehicle, aircraft or vessel must:

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

   (b)  in any other case-produce the officer's identity card for inspection
        by the person; and, if the officer fails to do so, he or she is not
        authorised to search or detain the vehicle, aircraft or vessel.