AustLII Tasmanian Consolidated Acts

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THREATENED SPECIES PROTECTION ACT 1995 - SECT 48

PART 6 - Miscellaneous and Supplemental Division 1 - Powers of authorised officers 48. Powers of authorised officers

      (1) In this section, "conveyance" means a vehicle, vessel or aircraft or any other contrivance intended for the carriage of persons or goods over land or water or in the air.

      (2) Where an authorised officer reasonably believes that there has been a contravention of –

(a) this Act; or

(b) an interim protection order; or

(c) a term or condition of a permit; or

(d) a land management agreement –

the authorised officer may –

(e) at any reasonable time, by any reasonable means and with any assistance which the authorised officer requires, enter a conveyance, land or a building not occupied as a place of residence; or

(f) search any conveyance, land or a building not occupied as a place of residence; or

(g) with a warrant, search a building occupied as a place of residence; or

(h) inspect any equipment, machine, implement, flora, fauna, enclosure, container or other goods; or

(i) require a conveyance to be stopped; or

(j) seize, examine or take copies of, or extracts from documents; or

(k) seize any flora or fauna; or

(l) require a person to give to the authorised officer samples or articles; or

(m) require a person to produce a document which may relate to, or contain evidence of, an offence under this Act; or

(n) require a person to produce any permit issued to him or her; or

(o) require a person to give his or her name and place of residence; or

(p) seize any equipment or material which is being used by any person in contravention of this Act.

      (3) A justice may issue a warrant to an authorised officer to enter and search any building used as a residence if the justice is satisfied on the application of the authorised officer that there are reasonable grounds for believing that –

(a) any flora or fauna is being held in the building in contravention of this Act; or

(b) any equipment or material in the building is being, or was, used in contravention of this Act.



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