Commonwealth Numbered Acts

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WHALE PROTECTION ACT 1980 No. 92 of 1980 - SECT 25

General powers of inspectors
25. (1) An inspector may search any aircraft or vessel if he believes on
reasonable grounds that there is in or on that aircraft or vessel-

   (a)  a whale in respect of which an offence against this Act has been
        committed; or

   (b)  anything that will afford evidence as to the commission of an offence
        against this Act, and for that purpose stop or detain that aircraft or
        vessel.

(2) An inspector may-

   (a)  require any person whom he finds committing or whom he suspects on
        reasonable grounds of having committed an offence against this Act to
        state his full name and usual place of residence; and

   (b)  require any person whom he suspects on reasonable grounds of having
        done an act in respect of which the person is required to hold a
        permit to produce such a permit or evidence of the existence and
        contents of such a permit.

(3) Where an inspector believes on reasonable grounds that a vessel has been
used or otherwise involved in the commission of an offence against this Act,
he may bring, or require the person in charge of the vessel to bring, the
vessel to a place in Australia (whether or not the vessel has previously been
brought to another place or places in Australia in accordance with this
section).

(4) An inspector may, for the purposes of this Act, require the person in
charge of a vessel to give information concerning the vessel and her crew and
any person on board the vessel.

(5) Where an inspector (other than a member of a police force who is in
uniform) stops, or proposes to search or detain, an aircraft or vessel, he
shall -

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

   (b)  in any other case-produce his identity card for inspection by that
        person, and, if he fails to do so, he is not authorized to search or
        detain that aircraft or vessel.

(6) Where an inspector (other than a member of a police force who is in
uniform) makes a requirement of a person under this section, he shall-

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

   (b)  in any other case-produce his identity card for inspection by that
        person, and, if he fails to do so, that person is not obliged to
        comply with the requirement.

(7) A person who, without reasonable excuse, fails to comply with a
requirement made of him by an inspector under this section is guilty of an
offence punishable on conviction by a fine not exceeding $1,000. 


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