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FISHERIES ACT 1994 - SECT 146 Boarding of boats and entry of vehicles generally

FISHERIES ACT 1994 - SECT 146

Boarding of boats and entry of vehicles generally

146 Boarding of boats and entry of vehicles generally

(1) An inspector may board a boat or enter a vehicle if the boarding or entry—
(a) is made with the consent of the owner or person in control of the boat or vehicle; or
(b) is permitted by a warrant; or
(c) is made under subsection (2) , (3) or (5) .
(2) An inspector may board a boat to find out whether this Act is being complied with.
(3) An inspector may enter a vehicle to find out whether this Act is being complied with if the inspector believes, on reasonable grounds, the vehicle—
(a) is being, or has just been, used in connection with a fishing activity; or
(b) contains fish being transported for sale or another commercial purpose.
(4) Subsection (3) does not apply to—
(a) a caravan; or
(b) another vehicle used, or reasonably expected to be used, predominantly for residential purposes, including for temporary periods.
(5) An inspector may board a boat or enter a vehicle if the inspector suspects, on reasonable grounds—
(a) the boat or vehicle is being, or has been, used in the commission of an offence against this Act; or
(b) the boat or vehicle, or a thing in or on the boat or vehicle, may provide evidence of the commission of an offence against this Act.
(6) In this section—


"fishing activity" means—
(a) taking fish; or
(b) purchasing, selling, possessing or using fishing apparatus regulated under a regulated fishing apparatus declaration.