New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 250

250 Power to enter and search premises

(1) A fisheries officer who has reason to believe that there is in any premises anything connected with a fisheries offence may--

(a) enter the premises, and

(b) search the premises for any such thing, and

(c) break open and search any container in the premises that the officer has reason to believe contains any such thing.

(2) A fisheries officer may enter any premises that the officer has reason to believe are commercial premises for the purpose of ascertaining whether a person has contravened or is contravening this Act or the regulations and may--

(a) search the premises for fish, fishing gear or records relating to fishing activities or to the receipt, possession or disposal of fish, and

(b) break open and search any container in the premises that the officer has reason to believe contains fish, fishing gear or any such record.

(3) Entry into premises (other than a public place) under this section may only be made at a reasonable time in the daytime or at any hour when work is carried on or is usually carried on in the premises.

(4) The Secretary or a fisheries officer is to give the occupier of premises reasonable notice of an intention to enter the premises under this section unless--

(a) the entry is made with the consent of the occupier, or

(b) the entry is made to a part of the premises open to the public, or

(c) the entry is required urgently, or

(d) the giving of notice would defeat the purpose for which it is intended to exercise the power of entry, or

(e) the premises entered are a public place.

(5) Reasonable force may be used for the purpose of gaining entry to premises under this section but only if authorised by the Secretary or in cases of emergency. The authority of the Secretary must be in writing and given in respect of the particular entry concerned.

(6) The Secretary is to give written notice of the use of force to enter those premises to such persons as appear to the Secretary to be appropriate in the circumstances.

(7) In this section--

"commercial premises" means any premises occupied by the holder of a fishing authority, or by a person who should be the holder of an appropriate fishing authority, or any market or premises in which fish are sold or any other premises in which any commercial activity is conducted relating to fish.

"public place" has the meaning given by the Law Enforcement (Powers and Responsibilities) Act 2002 .