Victorian Consolidated Legislation

Wildlife Act 1975 - SECT 59

PART VIII ENFORCEMENT AND LEGAL PROCEEDINGS

Powers of authorised officers

59. Powers of authorised officers



(1) In the administration of this Act or for ascertaining whether or not the
provisions of this Act or the regulations or the conditions, limitations, and
restrictions of any licence, permission, or other authority issued under this
Act are being observed, any authorised officer may without any further or
other authority than this section at any reasonable time having regard to all
the circumstances and with such persons as he thinks necessary enter upon any
lands or waters or into any tent, or into any building or structure other than
a dwelling-house or upon any vehicle or boat and in particular without in any
way limiting or derogating from the generality of the foregoing for any of the
following purposes-

   (a)  searching the lands, waters, tent, building or structure and any thing
        found at the lands, waters, tent, building or structure;

   (b)  inspecting and taking photographs (including video recordings) of the
        lands, waters, tent, building or structure or any thing found at the
        lands, waters, tent, building or structure;

   (ba) with whatever assistance is required, taking and keeping samples of-

   (i)  the blood, any bodily fluids or other matter from any wildlife; or

   (ii) any other thing- found at the lands, waters, tent, building or
        structure;

   (bb) with whatever assistance is required, mark any wildlife or thing found
        at the lands, waters, tent, building or structure for the purpose of
        later being able to identify it;

   (bc) inspecting and making copies of or taking extracts from any document
        kept at the lands, waters, tent, building or structure;

   (bd) seizing any thing found at the lands, waters, tent, building or
        structure if the authorised officer believes on reasonable grounds
        that it is necessary to seize the thing in order to prevent-

   (i)  its concealment, loss or destruction; or

   (ii) its use in committing, continuing or repeating an offence against this
        Act;

   (c)  constructing, erecting, and maintaining notices, posts, buoys,
        beacons, or other markers for or in connexion with the boundaries of
        areas referred to in or held under this Act or the subject of
        applications made for the purposes of this Act;

   (d)  searching for and seizing any wildlife which have been taken or are
        apparently being held or retained in contravention of this Act and any
        documents or records relating thereto;



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   (f)  searching for and seizing or dismantling or destroying any duck-trap,
        net, or other equipment which is apparently being used or has been
        used in contravention of this Act;

   (g)  carrying out any scientific study authorized by the Secretary; or





   (h)  generally for ascertaining whether the holder of any licence issued
        pursuant to this Act is complying with the conditions, limitations or
        restrictions subject to which the licence was issued.



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(5) An authorised officer or member of the police force shall not in any way
be liable for anything done by him in the exercise of his powers and functions
under this Act.