FORESTRY ACT 1959 - SECT 84E Power to stop or move vehicle or vessel

FORESTRY ACT 1959 - SECT 84E

84E Power to stop or move vehicle or vessel

(1) This section applies if a forest officer believes or reasonably suspects that something in or on a vehicle or vessel may provide evidence of the commission of an offence against this Act.

(2) The officer, in order to exercise his or her powers under this Act, may direct a person in control of the vehicle or vessel to—

(a) stop the vehicle or vessel; or

(b) move the vehicle or vessel to, and keep it at, a place within a reasonable distance.

(3) The officer may give the direction using a sign or signal.

(4) However, the officer must—

(a) when giving the direction—clearly identify himself or herself as a forest officer exercising his or her powers; and

Examples of how a forest officer may clearly identify himself or herself—

• wearing an item of uniform issued by the department

• displaying a metal badge issued by the department

• activating magenta lights on a vehicle displaying a logo of the department

(b) when the vehicle or vessel stops—immediately produce his or her identity card for the inspection of the person in control of the vehicle or vessel.

(5) Section 84F (2) does not apply in relation to a moving vehicle if, in the circumstances, it is not possible for the warning to be given until after the vehicle or vessel has stopped.

(6) A person in control of a vehicle or vessel must comply with a direction under this section, unless the person has a reasonable excuse.

Penalty—

Maximum penalty for subsection (6) —100 penalty units.

(7) It is a reasonable excuse for the person not to comply with a direction if the officer does not comply with subsection (4) or section 84F .

(8) Also, it is a reasonable excuse for the person not to comply with a direction if—

(a) immediately complying with the direction would endanger someone else or cause loss of, or damage to, property; and

(b) the person complies with the direction as soon as it is practicable to do so.

(9) Subsection (4) applies despite section 17D .

(10) Subsection (4) does not apply to a forest officer who is a police officer.

(11) Subsection (10) does not limit or otherwise affect the Police Powers and Responsibilities Act 2000 , section 637 .

(12) In this section—


"identity card" means—

(a) an identity card issued under section 17C ; or

(b) an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as a forest officer under this Act.