Commonwealth Numbered Acts

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Fishing Legislation Amendment Act 1985 No. 29 of 1985 - SECT 39

Powers of officers
39. Section 42 of the Principal Act is amended-
(a) by omitting from paragraph (1) (ha) "Licences";
(b) by inserting in paragraph (1) (o) ", or has been," after "is being";

   (c)  by inserting after sub-section (2) the following sub-sections:



"(2A) Where an officer (other than a prescribed person who is in uniform)
boards or enters upon a boat, the officer shall-

   (a)  in the case of a prescribed person-produce, for inspection by the
        master of the boat, written evidence of the fact that the officer is a
        prescribed person; or

   (b)  in any other case-produce, for inspection by the master of the boat,
        the officer's identity card,
and, if the officer fails to do so, the officer is not authorized to remain on
board the boat.



"(2B) Where an officer (other than a prescribed person who is in uniform)
makes a requirement of a person (in this sub-section referred to as the
'relevant person') under sub-section (1), the officer shall-

   (a)  in the case of a prescribed person-produce, for inspection by the
        relevant person, written evidence of the fact that the officer is a
        prescribed person; or

   (b)  in any other case-produce, for inspection by the relevant person, the
        officer's identity card,
and, if the officer fails to do so, the relevant person is not obliged to
comply with the requirement."; and

   (d)  by adding at the end the following sub-section:



"(7) In this section-
'prescribed person' means-

   (a)  a member or special member of the Australian Federal Police or a
        member of the Police Force of Queensland; or

   (b)  a member of the Defence Force;
'this Act' includes the regulations.".



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