Commonwealth Numbered Acts

FISHERIES AMENDMENT ACT 1978 No. 99 of 1978 - SECT 10

10. Section 10 of the Principal Act is amended-

   (a)  by inserting in paragraph (a) ''or in Australia or an external
Territory'' after ''boat in proclaimed waters'';

   (b)  by inserting after paragraph (aa) the following paragraph:

''(ab) enter any land or premises on or in which, or inspect any vehicle in
which, he has reason to believe there are any fish that have been landed in
Australia in contravention of section 13BB;'';

   (c)  by omitting sub-paragraph (i) of paragraph (c) and substituting the
        following sub-paragraph:

''(i) any fish that the officer has reason to believe has been taken, caught,
captured, processed, carried or landed in contravention of this Act; or'';

   (d)  by inserting after paragraph (e) the following paragraph:

''(ea) require the master of a boat who, in pursuance of a requirement under
paragraph (e) or in pursuance of a previous requirement under this paragraph,
is in control of the boat at a place in Australia or a Territory, to take the
boat to another place in Australia or in a Territory specified by the officer
and to remain in control of the boat at that place until an officer permits
him to depart from that place;'';

   (e)  by inserting in paragraph (f) ''(whether or not the boat has
        previously been brought to another place or other places in Australia
        or in a Territory
by an officer or officers exercising powers under this section)'' after
''Territory'';

   (f)  by inserting after paragraph (i) the following paragraph:

''(ia) require a person found on or in any land or premises entered in
pursuance of paragraph (ab) or in any vehicle inspected in pursuance of that
paragraph-

        (i)    to state his name and place of abode;

        (ii)   to produce any documents in his possession or under his control
               relating to any fish found on the land or in the premises or
               vehicle; or

        (iii)  to give information concerning any such fish;'';

   (g)  by omitting ''declared'' (wherever occurring) and substituting
        ''Australian'';

   (h)  by omitting ''or other person in charge'' (wherever occurring); and

   (j)  by inserting at the end thereof the following sub-sections:

''(2) The power to enter land or premises conferred by paragraph (ab) of
sub-section (1) is not exercisable except with the consent of the owner or
occupier of the land or premises or in pursuance of a warrant granted in
accordance with this section.

''(3) Where an officer has reason to believe that there are on any land or in
any premises fish that have been landed in contravention of section 13BB, he
may make application to a Justice of the Peace for a warrant authorizing the
officer to enter the land or premises for the purpose of ascertaining whether
there are on that land or in those premises fish that have been landed in
contravention of section 13BB.

''(4) If, on an application under sub-section (3), the Justice of the Peace is
satisfied by information on oath or affirmation that the issue of the warrant
is reasonably required for the purposes of this Act, the Justice of the Peace
may grant a warrant, in accordance with the prescribed form, authorizing the
officer, with such assistance as he thinks necessary, to enter the land or
premises specified for the purpose referred to in sub-section (3).''.