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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 442

Persons to assist authorised officers

  (1)   Subject to subsection   (5), the owner, or person in charge:

  (a)   of any vehicle, vessel, aircraft or platform boarded by an authorised officer under section   403; or

  (b)   of any premises entered by an authorised officer under section   405;

must, if requested by an authorised officer to do so, provide reasonable assistance to the authorised officer in the performance of the functions, or carrying out of the duties, or the exercise of the powers, conferred on the authorised officer under this Act.

  (2)   A person must not contravene subsection   (1).

Penalty:   Imprisonment for 12 months.

  (3)   Subject to subsection   (5), the owner, or the person in charge, of:

  (a)   premises entered under a warrant; or

  (b)   an aircraft, vehicle or vessel stopped under section   403;

must, if requested by an authorised officer to do so, provide reasonable assistance to the authorised officer in the performance of the functions, or carrying out of the duties, or the exercise of the powers, conferred on the authorised officer under this Act.

  (4)   A person must not contravene subsection   (3).

Penalty:   Imprisonment for 12 months.

  (5)   Where an authorised officer (subject to subsection   (6)) makes a request of a person under this section, the authorised officer must:

  (a)   in the case of a member of a police force--produce, for inspection by that person, written evidence of the fact that he or she is a member of that police force; or

  (aa)   in the case of an officer of Customs--produce, for inspection by that person, written evidence of the fact that he or she is an officer of Customs; or

  (b)   in any other case--produce his or her identity card for inspection by that person;

and, if the authorised officer fails to do so, that person is not obliged to comply with the request.

  (6)   Subsection   (5) does not apply to an authorised officer if:

  (a)   the authorised officer is a member of a police force or an officer of Customs; and

  (b)   the officer is in uniform.


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