Western Australian Consolidated Acts

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BOTANIC GARDENS AND PARKS AUTHORITY ACT 1998 - SECT 28

28 .         Enforcement powers of park management officers

        (1)         This section applies to an offence against section 30 or the regulations.

        (2)         A park management officer who finds a person committing an offence to which this section applies or who on reasonable grounds suspects that such an offence has been committed or is about to be committed by a person may — 

            (a)         require the person to give to the officer the person’s name and address;

            (b)         stop, detain and search any vehicle if a person in or on the vehicle is, or is suspected by the officer on reasonable grounds of being, the offender;

            (c)         remove any vehicle, animal or other thing from designated land; and

            (d)         enter and search any hut, tent or other structure that is not a permanent residence.

        (3)         A person must, when required to do so under subsection (2)(a), give the person’s full and correct name and address.

        (4)         If a person does not under subsection (3) give the person’s full and correct name and address to a park management officer — 

            (a)         the person obstructs the park management officer in the performance of the officer’s functions and section 30 applies accordingly; and

            (b)         the park management officer may detain the person until the person can be delivered to a police officer to be dealt with according to law.

        (5)         Before exercising a power conferred by subsection (2)(b), (c) or (d) a park management officer must take all reasonable steps to inform the person, or the owner or person in charge of the vehicle, animal, hut, tent, structure or thing, as the case requires, of — 

            (a)         his or her intention to exercise the power; and

            (b)         his or her reasons for believing that the proposed exercise of the power is justified.

        (6)         Nothing in this section derogates from the powers of a park management officer who is a police officer.



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