FISHERIES ACT 1995 - SECT 103 Powers to search land or premises
FISHERIES ACT 1995 - SECT 103
Powers to search land or premisesS. 103(1) amended by Nos 69/2004 s. 6(1)(b), 37/2014 s. 10(Sch. item 65.13(a)).
(1) A magistrate may issue a warrant to an authorised officer or a police officer to enter any land or premises (including a dwelling house) specified in the warrant at any time.
S. 103(2) amended by Nos 6/2018 s. 68(Sch. 2 item 56.2), 40/2019 s. 24(1)(2).
(2) A magistrate may only issue the warrant if he or she is satisfied that there are reasonable grounds for suspecting—
S. 103(2)(a) amended by No. 69/2004 s. 6(1)(c).
(a) that an offence against this Act, a regulation or a fisheries notice has occurred or is occurring or is about to occur at the land or premises; or
S. 103(2)(b) amended by No. 69/2004 s. 6(1)(c).
(b) that evidence of an offence against this Act, a regulation or a fisheries notice is present at the land or premises.
S. 103(3) amended by Nos 108/2003 s. 10, 37/2014 s. 10(Sch. item 65.13(b)(i)).
(3) The warrant authorises any authorised officer or police officer to—
S. 103(3)(a) amended by No. 69/2004 s. 6(1)(c).
(a) enter and search the land or premises specified in the warrant;
S. 103(3)(b) amended by No. 5/1997
s. 50(1)(p), substituted by No. 69/2004 s. 6(2), amended by
No. 37/2014 s. 10(Sch. item 65.13(b)(ii)).
(b) seize any evidence of an offence against any law or any thing used in connection with such an offence (including boats, trailers, aircraft, motor vehicles, non-motorised vehicles, communications equipment, viewing or scanning devices, fishing equipment, diving equipment, processing equipment, tools, electronic equipment, office equipment, provisions, materials, fish, protected aquatic biota, noxious aquatic species, and documents) found on the land or premises and anything that the authorised officer or police officer believes, on reasonable grounds, may be evidence of an offence against this Act, a regulation or a fisheries notice;
S. 103(3)(c) amended by No. 69/2004 s. 6(1)(c).
(c) seize and destroy any aquatic noxious species and any fish which he or she believes on reasonable grounds is contaminated in a way, or is in a state, that might render it dangerous for consumption by humans or animals that are found at the land or premises;
(d) use any assistance or force that may be reasonably necessary to do any of the things listed in paragraph (a), (b) or (c).
(4) A magistrate may issue the warrant to have effect for up to 72 hours after it is issued.
S. 103(5) amended by No. 40/2019 s. 24(3).
(5) A warrant has no force unless there is included on it—
S. 103(5)(a) amended by No. 69/2004 s. 6(1)(c).
(a) the address of the land or premises in respect of which it has been issued; and
(b) the name of the person to whom it has been issued; and
(c) the date and time at which it expires; and
(d) a copy of this section.
S. 103(6) inserted by No. 69/2004 s. 6(3), amended by No. 37/2014 s. 10(Sch. item 65.13(c)).
(6) Nothing in this section is intended to limit the powers conferred on an authorised officer or a police officer by any other section of this Act.
S. 103(7) inserted by No. 40/2019 s. 24(4).
(7) A search warrant under this section must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act.
S. 103(8) inserted by No. 40/2019 s. 24(4).
(8) The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.
S. 103A inserted by No. 69/2004 s. 7.