FISHERIES ACT 1995 - SECT 101G Power to search person for priority species

FISHERIES ACT 1995 - SECT 101G

S. 101G(1) amended by No. 37/2014 s. 10(Sch. item 65.9(a)).

    (1)     If an authorised officer, or a police officer, suspects on reasonable grounds that a person has on or about his or her body any fish of a priority species that the person is not lawfully authorised to have in his or her possession, the authorised officer or police officer may search the person.

S. 101G(2) amended by No. 37/2014 s. 10(Sch. item 65.9(b)(i)).

    (2)     Before searching a person, if the authorised officer or police officer—

S. 101G(2)(a) amended by No. 37/2014 s. 10(Sch. item 65.9(b)(ii)).

        (a)     is not in uniform, he or she must produce for inspection by the person to be searched evidence of his or her identity as an authorised officer or police officer;

S. 101G(2)(b) amended by No. 37/2014 s. 10(Sch. item 65.9(b)(ii)).

        (b)     is in uniform, he or she must produce for inspection by the person to be searched evidence of his or her identity as an authorised officer or police officer if asked to do so by the person.

S. 101G(3) amended by No. 37/2014 s. 10(Sch. item 65.9(c)).

    (3)     In searching a person under this section, the authorised officer or police officer—

        (a)     may run his or her hands over the person's outer clothing; and

        (b)     may require the person to remove any coat, jacket, hat or shoes the person is wearing, and may run his or her hands over the person's remaining outer clothing; and

S. 101G(3)(c) amended by No. 37/2014 s. 10(Sch. item 65.9(c)).

        (c)     if the authorised officer or police officer sees or detects any thing that he or she has reasonable grounds for suspecting is, or contains, fish of a priority species, may require the person to surrender that item for inspection; and

        (d)     may use reasonable force to remove an item from a person if the person does not comply with a requirement to remove or surrender the item under paragraph (b) or (c); and

        (e)     may inspect any item that a person has removed or surrendered, or that has been removed from a person; and

        (f)     must conduct the search in a manner that affords, to the extent that the circumstances of the search permit, reasonable privacy to the person being searched; and

        (g)     must conduct the search as quickly as is reasonably practicable in the circumstances of the search.

    (4)     A search must be conducted by a person of the same sex as the person being searched unless it is not reasonable or practicable to do so in the circumstances of the search.

S. 101H inserted by No. 108/2003 s. 9.