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FISHERIES ACT 1995 - SECT 101B Powers of arrest

FISHERIES ACT 1995 - SECT 101B

Powers of arrest

S. 101B(1) amended by No. 37/2014 s. 10(Sch. item 65.6(a)).

    (1)     This section applies if an authorised officer or a police officer believes on reasonable grounds that a person has committed an offence under this Act.

S. 101B(2) amended by No. 37/2014 s. 10(Sch. item 65.6(b)).

    (2)     The authorised officer or police officer may without warrant arrest the person if the authorised officer or police officer believes on reasonable grounds that the arrest is necessary for any one or more of the following reasons—

        (a)     to ensure the appearance of the person before a court of competent jurisdiction; or

        (b)     to prevent the continuation or repetition of the offence or the commission of a further offence; or

        (c)     to prevent the concealment, loss or destruction of evidence relating to an offence; or

        (d)     to prevent the fabrication of evidence in relation to an offence; or

        (e)     to prevent the harassment of, or interference with, a potential witness in proceedings in respect of an offence.

S. 101B(3) amended by No. 37/2014 s. 10(Sch. item 65.6(b)).

    (3)     The authorised officer or police officer may ask any other person to assist him or her to arrest an alleged offender, and that other person may assist in the arrest.

    (4)     If an alleged offender is arrested under this section in respect of a summary offence, he or she may only be detained for so long as the reason for the arrest under subsection (2) continues. The person detaining the alleged offender must release the alleged offender as soon as the reason ceases to exist, regardless of whether or not the alleged offender has been charged with the offence.

Note

Division 1(30A) of Part III of the Crimes Act 1958 sets out the procedure that is to be followed by an authorised officer after an arrest under this Division.

S. 101C inserted by No. 108/2003 s. 9, amended by No. 37/2014 s. 10(Sch. item 65.7).