South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FISHERIES MANAGEMENT ACT 2007 - SECT 84

84—Power of fisheries officer to arrest persons without warrant

        (1)         A fisheries officer may arrest a person without warrant if—

            (a)         the person hinders or assaults an authorised person, a person accompanying or assisting a fisheries officer or any other person engaged in the administration or execution of this Act; or

            (b)         the fisheries officer reasonably suspects that the person has committed an offence against this Act or a corresponding law and—

                  (i)         when required to do so under section 81

                        (A)         the person failed to state truthfully his or her name or usual place of residence; or

                        (B)         the person failed to produce true evidence of his or her identity; or

                  (ii)         the fisheries officer has reasonable grounds for believing that the person would, if not arrested—

                        (A)         fail to attend court in answer to a summons issued in respect of the offence; or

                        (B)         continue the offence or repeat the offence; or

                        (C)         alter, destroy, conceal or fabricate evidence relating to the offence; or

                        (D)         intimidate, harass, threaten or interfere with a person who may provide or produce evidence of the offence.

        (2)         On arresting a person under this section, the fisheries officer must immediately convey the person, or cause the person to be conveyed, to the nearest police station.

        (3)         If—

            (a)         a person resists arrest under this section; or

            (b)         a person who is arrested under this section escapes from lawful custody,

the person is guilty of an offence.

Maximum penalty: $10 000 or imprisonment for 2 years.

        (4)         A fisheries officer may use such reasonable force as is necessary for the effective exercise of the power conferred by subsection (1) or discharge of the duty imposed by subsection (2).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback