FISHERIES ACT 1994 - SECT 150
Inspector’s general powers for places, boats and vehicles
FISHERIES ACT 1994 - SECT 150
Inspector’s general powers for places, boats and vehicles
150 Inspector’s general powers for places, boats and vehicles
(1) An inspector who enters a place, boards a boat or enters a vehicle under
this part may—
(a) search any part of the place, boat or vehicle; or
(b)
examine, inspect, test, photograph or film anything in or on the place, boat
or vehicle; or
(c) mark or seal a container or other thing in or on the
place, boat or vehicle; or
(d) open a container if the inspector considers it
is necessary for exercising a power; or
(e) take samples of or from anything
in or on the place, boat or vehicle; or
(f) take extracts from, or make
copies of, a document in or on the place, boat or vehicle; or
(g) produce an
image or writing from an electronic document at the place, on the boat, or in
the vehicle, or, to the extent that is not practicable, take either or both of
the following to another place to produce an image or writing from an
electronic document—
(ii) an
article or device reasonably capable of producing an electronic document; or
(h) take into or onto the place, boat or vehicle any persons, equipment and
materials the inspector reasonably requires for exercising a power in relation
to the place, boat or vehicle; or
(i) require a person in or on the place,
boat or vehicle, or the occupier of the place, to give the inspector
reasonable help for the exercise of the powers mentioned in paragraphs (a) to
(h) ; or
(j) if the inspector boards a boat or enters a vehicle—by written
notice given to the person in control of the boat or vehicle, require the
person—
(i) to take the boat or vehicle to a stated reasonable place by a
stated reasonable time; and
(ii) if necessary, to remain in control of the
boat or vehicle at the place for a reasonable time;
to enable the inspector to
exercise the powers mentioned in paragraphs (a) to (h) ; or
(k) if the
inspector boards a boat or enters a vehicle—require the person in control of
boat or vehicle to accompany the inspector to enable the inspector to comply
with subsection (5) .
(2) If an inspector takes from the place, boat or
vehicle a thing, article or device for producing an image or writing from an
electronic document, the inspector must produce the image or writing from the
document and return the thing, article or device to the place, boat or vehicle
as soon as practicable.
(3) If, for any reason, it is not practicable to make
a requirement under subsection (1) (j) by written notice, the requirement may
be made orally and confirmed by written notice as soon as practicable.
(4)
Nothing in this section prevents an inspector making a further requirement
under subsection (1) (j) of the same person or another person in relation to
the same boat or vehicle, if it is necessary and reasonable to make the
further requirement.
(5) The inspector must not enter a part of a boat or
vehicle used only as a living area, or exercise a power under subsection (1)
(a) to (h) in relation to that part, unless the inspector is accompanied by
the person in control of the boat or vehicle.
(6) Subsection (5) does not
apply if the person in control of the boat or vehicle is unavailable or
unwilling to accompany the inspector or the inspector is unable for another
reason to comply with the subsection.