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NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 22

NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 22

22—Powers of wardens

        (1)         If a warden suspects on reasonable grounds that an offence against this Act is being, or has been committed, the warden may—

            (a)         enter and search any premises or vehicle connected with the suspected offence;

            (b)         in order to exercise his or her powers under this section or under any other provision of this Act, give directions to a person in, or in charge of, a vehicle to stop the vehicle or to move it to a particular place;

            (ba)         give directions to a person in, or in charge of, a vehicle in order to facilitate a search of the vehicle;

            (c)         require the person suspected of having committed the offence to state his or her full name and usual place of residence;

            (ca)         subject to subsection (1c), take blood or other material (or authorise any other person to take blood or other material) from an animal, or the carcass or egg of an animal, for the purpose of obtaining a DNA profile;

            (cb)         take photographs, films or video or audio recordings or make a record in any other manner or by any other means;

            (d)         if the suspect is on a reserve—order him or her off the reserve for a stated period (not exceeding 24 hours).

        (1a)         Subject to subsection (1c), a person who has possession or control of an animal, or the carcass or egg of an animal, must, if a warden requires him or her to do so, permit the warden, or a person authorised by the warden, to take blood or other material pursuant to subsection (1)(ca) from the animal, carcass or egg.

        (1b)         A warden, or a person authorised by a warden, may only take blood or other material from an animal, carcass or egg pursuant to subsection (1)(ca) if he or she does so in a manner that does not injure or cause pain or distress to the animal or damage the carcass or egg to a greater extent than is necessary.

        (1c)         A warden cannot act under subsection (1)(ca) or make a requirement under subsection (1a) without the oral or written authority of the Director given by the Director personally.

        (2)         If a warden suspects on reasonable grounds that a person is about to commit an offence against this Act the warden may require the person to state his or her full name and usual place of residence.

        (3)         If a warden suspects on reasonable grounds that the name or place of residence stated pursuant to this section is false, the warden may require the person to produce evidence of his or her full name or usual place of residence.

        (4)         A warden may—

            (a)         enter and inspect premises—

                  (i)         on which a protected animal is kept; or

                  (ii)         on which some other activity is carried on in pursuance of a permit under this Act;

            (b)         examine a protected animal kept on such premises;

            (c)         require any person carrying on an activity for which a permit is required under this Act to produce the permit for the warden's inspection.

        (5)         For the purpose of entering and searching premises or a vehicle, a warden may break into the premises or vehicle, or anything on the premises or in the vehicle, using so much force as is necessary for that purpose—

            (a)         if authorised by warrant under subsection (6); or

            (b)         if the warden has reason to believe that urgent action is necessary in the circumstances of the particular case.

        (6)         A justice may, if satisfied on the application of a warden that there is proper ground for the issue of a warrant, issue a warrant authorising the warden to break into and search premises or a vehicle or anything on premises or in a vehicle.

        (7)         A person who contravenes, or fails to comply with, a direction, requirement or order of a warden under this section is guilty of an offence.

Maximum penalty: $1 000.

        (8)         A warden must not exercise a power under this Act in relation to a co-managed park contrary to any provision relating to the exercise of the power contained in the co-management agreement for the reserve.