South Australian Numbered Acts

FISHERIES MANAGEMENT ACT 2007 (NO 4 OF 2007) - SECT 81

81—General powers of fisheries officers

        (1)         A fisheries officer may—

            (a)         if the fisheries officer reasonably suspects—

                  (i)         that any premises, land, waters, boat or vehicle is being, has been or is intended to be, used for, or in connection with, an activity regulated by this Act, at any time, enter, search and inspect and, where necessary for the purpose, break into or open a part of, or thing in, the premises, land, waters, boat or vehicle; or

                  (ii)         that—

                        (A)         an offence against this Act has been, is being or is about to be committed on or in a boat, vehicle, train or aircraft; or

                        (B)         there is on or in a boat, vehicle, train or aircraft evidence of an offence against this Act or a corresponding law,

enter and search the boat, vehicle, vessel, train or aircraft; or

            (b)         if the fisheries officer reasonably suspects that anything has been done or omitted to be done, or is intended to be done or omitted to be done, in contravention of this Act in relation to aquatic resources—attach to or implant in the aquatic resources identification devices and, where necessary for the purpose of finding or gaining access to the aquatic resources, break or open any receptacle or other thing in which the aquatic resources are or may be contained; or

            (c)         if the fisheries officer reasonably suspects that anything has been done or omitted to be done in contravention of this Act in relation to aquatic resources or that it affords evidence of an offence against this Act—seize and retain the aquatic resources; or

            (d)         if the fisheries officer reasonably suspects that anything has been done or omitted to be done in contravention of this Act in relation to any boat, vehicle, device, equipment or other thing, or that it affords evidence of an offence against this Act—seize and retain the boat, vehicle, device, equipment or other thing; or

            (e)         require a person who the fisheries officer reasonably suspects is engaging, is intending to engage, or has engaged, in an activity regulated by this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; or

            (f)         require a person who the fisheries officer reasonably suspects has knowledge of matters in respect of which information is required for the administration or enforcement of this Act to answer questions about those matters; or

            (g)         require a person to produce documents, including a written record that reproduces in an understandable form, information stored by computer or other process; or

            (h)         examine, copy or take extracts from documents or records so produced or require a person to provide a copy of any such document or record; or

                  (i)         require a person holding an authority or required to hold an authority to produce the authority for inspection; or

            (j)         take photographs, films or video or audio recordings; or

            (k)         give directions required in connection with the exercise of a power conferred by any of the paragraphs above or otherwise in connection with the administration or enforcement of this Act.

        (2)         A fisheries officer may only exercise—

            (a)         the powers conferred by subsection (1) as reasonably required for the administration and enforcement of this Act; and

            (b)         the power conferred by subsection (1)(a) in respect of premises on the authority of a warrant issued by a magistrate or justice.

        (3)         However, a warrant is not required to exercise the power conferred by subsection (1)(a) in relation to non-residential premises if—

            (a)         the premises are used by a fish processor for, or in connection with, processing, storing, transporting or dealing with aquatic resources for the purposes of trade or business; or

            (b)         the fisheries officer has reason to believe that, in the circumstances, urgent action is required.

        (4)         A warrant may not be issued unless the magistrate or justice (as the case may be) is satisfied that the warrant is reasonably required in the circumstances.

        (5)         An application for the issue of a warrant—

            (a)         may be made either personally or by telephone; and

            (b)         must be made in accordance with any procedures prescribed by the regulations.

        (6)         If aquatic resources that are liable to seizure are contained in a receptacle or container, the receptacle or container and all its contents may be seized and retained.