Commonwealth Numbered Acts

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GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 20

20. After section 48 of the Principal Act the following section is inserted:
Limitation on exercise of powers-location

"48A. (1) Subject to this section, a power conferred on an inspector under
subsection 46 (1) or 48 (1) or (2) may only be exercised within the Marine
Park.

"(2) An inspector may exercise, with respect to:

   (a)  a person;

   (b)  an aircraft; or

   (c)  a vessel; at a place that is outside the Marine Park, a power
        conferred on the inspector under subsection 46 (1) or 48 (1) or (2)
        if:

   (d)  in a case where the inspector concerned is not a member of a police
        force-the inspector believes on reasonable grounds that it is not
        reasonably practicable for an inspector who is a member of a police
        force to exercise that power;

   (e)  one or more inspectors (whether or not including the inspector
        exercising the power) have pursued the person, aircraft or vessel from
        a place within the Marine Park to that first-mentioned place; and

   (f)  the pursuit was not terminated or substantially interrupted at any
        time before the inspector concerned arrived at that first-mentioned
        place with a view to exercising that power.

"(3) For the purposes of subsection (2), a pursuit of a person, aircraft or
vessel shall not be taken to be terminated or substantially interrupted only
because the inspector or inspectors concerned lose sight of the person,
aircraft or vessel.

"(4) A reference in subsection (3) to losing sight of a person includes a
reference to losing output from a radar or other sensing device.". 


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