FISHERIES ACT 1994 - SECT 151
Power to seize evidence from places etc.
FISHERIES ACT 1994 - SECT 151
Power to seize evidence from places etc.
151 Power to seize evidence from places etc.
(1) An inspector who enters a place or boards a boat under this part under a
warrant may seize the evidence for which the warrant was issued.
(2) An
inspector who enters a place under this part with the occupier’s consent may
seize the particular thing for which the entry was made if the inspector
believes on reasonable grounds the thing is evidence of an offence against
this Act.
(3) An inspector who enters a place or boards a boat under this
part under a warrant, or enters a place with the occupier’s consent, may
also seize another thing if the inspector believes on reasonable grounds—
(a) the thing is evidence of the commission of an offence against this Act;
and
(b) the seizure is necessary to prevent—
(i) the concealment, loss,
death or destruction of the thing; or
(ii) the use of the thing in
committing, continuing or repeating the offence.
(4) An inspector who enters
a place under this part other than under a warrant or with the occupier’s
consent may seize a thing if the inspector believes on reasonable grounds—
(a) the thing is evidence of the commission of an offence against this Act;
and
(b) the seizure is necessary to prevent—
(i) the concealment, loss,
death or destruction of the thing; or
(ii) the use of the thing in
committing, continuing or repeating the offence.
(5) This section is in
addition to, and does not limit, the powers of an inspector who boards a boat
without a warrant.