Commonwealth Numbered Acts

FISHING LEGISLATION AMENDMENT ACT 1987 No. 176 of 1987 - SECT 19

19. Section 10 of the Principal Act is amended:
(a) by omitting from paragraphs (1) (a), (aa), (b), (ba) and (ca) "he has
reason" and substituting " the officer has reasonable grounds";

   (b)  by omitting from paragraph (1) (a) all the words from and including

"may search" to and including the end of the paragraph and substituting "may:

        (i)    search the boat for fish, for equipment that has been used, is
               being used, is intended to be used or is capable of being used
               for fishing or for any document relating to the operations of
               the boat; and

        (ii)   break open any hold, compartment, container or other receptacle
               on the boat that the officer has reasonable grounds to believe
               contains any document, equipment or thing that may afford
               evidence as to the commission of an offence against this Act;";

   (c)  by omitting from paragraph (1) (aa) all the words from and including

"may search" to and including the end of the paragraph and substituting "may:

        (iii)  search the boat for fish, for equipment that has been used, is
               being used, is intended to be used or is capable of being used
               for the taking, catching, capturing, processing or carrying of
               fish or for any document relating to the operations of the
               boat; and

        (iv)   break open any hold, compartment, container or other receptacle
               on the boat that the officer has reasonable grounds to believe
               contains any document, equipment or thing that may afford
               evidence as to the commission of an offence against this Act;";

   (d)  by inserting after paragraph (1) (aa) the following paragraph:

"(aaa) examine any fish, equipment, document or thing found pursuant to powers
exercised under paragraph (a) or (aa);";

   (e)  by inserting after paragraph (1) (ab) the following paragraph:

"(ac) where the officer has reasonable grounds to believe that there is in any
vehicle any document, equipment or thing that may afford evidence as to the
commission of an offence against this Act:

        (i)    stop and detain the vehicle;

        (ii)   enter and search the vehicle;

        (iii)  break open and search any compartment, container or other
               receptacle in which the officer has reasonable grounds to
               believe there is a document, equipment or thing of that kind;
               and

        (iv)   examine and take possession of, or secure against interference,
               any document, equipment or thing that the officer has
               reasonable grounds to believe may afford evidence as to the
               commission of an offence against this Act;";
(f) by omitting from paragraphs (1) (c), (cb), (d), (e), (f) and (ha) "has
reason" (wherever occurring) and substituting " has reasonable grounds";

   (g)  by omitting from subparagraph (1) (c) (i) "or" (last occurring);

   (h)  by adding at the end of paragraph (1) (c) the following word and
        subparagraph:

"or (iii) any document or other thing that the officer has reasonable grounds
to believe may afford evidence as to the commission of an offence against this
Act;";

   (j)  by inserting after paragraph (1) (ha) the following paragraph:

"(hb) where, for the purpose of ascertaining whether equipment that is on, or
that is being used by or from, a boat is equipment of a kind specified in a
notice that is in force under subsection 8 (1), it is necessary to ascertain
the dimensions of the equipment-require the master of the boat to provide such
reasonable assistance as is requested by the officer in order to ascertain the
dimensions of the equipment (including, if the officer so requests, causing
the equipment to be placed in the sea or on land, or to be removed from the
sea and placed on the boat or on land);";

   (k)  by omitting from paragraph (1) (ia) "inspected in pursuance of that
        paragraph" and substituting "detained or searched under paragraph
        (ac)";

   (m)  by inserting after subsection (2) the following subsection:

"(2A) Where an officer (other than a prescribed person who is in uniform)
proposes to enter and search, or to detain, a vehicle, the officer shall, if
there is a person in charge of the vehicle:

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

   (b)  in any other case-produce, for inspection by the person in charge of
        the vehicle, the officer's identity card;
and, if the officer fails to do so, the officer is not authorised to enter and
search, or to detain, the vehicle.";

   (n)  by inserting after subsection (5) the following subsection:

"(5A) A reference in this section to an offence against, or a contravention
of, this Act includes a reference to an offence against, or a contravention
of:

   (a)  section 6, 7 or 7A of the Crimes Act 1914; or

   (b)  subsection 86 (1) of that Act by virtue of paragraph (a) of that
        subsection;
that relates to this Act."; and

   (o)  by inserting before the definition of "prescribed person" in
        subsection (6) the following definition:

" 'examine' includes count, measure, weigh, grade or gauge;".