South Australian Numbered Acts

FISHERIES MANAGEMENT ACT 2007 (NO 4 OF 2007) - SECT 82

82—Power of fisheries officer to search persons for evidence of certain offences

        (1)         If a fisheries officer reasonably suspects that a person has on or about his or her body evidence of a prescribed offence, the fisheries officer may search the person.

        (2)         In searching a person under this section, a fisheries officer—

            (a)         may run his or her hands over the person's outer clothing; and

            (b)         may require the person to remove a coat, jacket, hat or shoes the person is wearing, and may run his or her hands over the person's remaining outer clothing; and

            (c)         if the fisheries officer sees or detects any thing that he or she reasonably suspects is, or contains, evidence of a prescribed offence, may require the person to surrender that item for inspection; and

            (d)         may use reasonable force to remove an item from a person if the person does not comply with a requirement to remove or surrender the item under paragraph (b) or (c); and

            (e)         may inspect an item that a person has removed or surrendered, or that has been removed from a person; and

            (f)         must conduct the search in a manner that affords, to the extent that the circumstances of the search permit, reasonable privacy to the person being searched; and

            (g)         must conduct the search as quickly as is reasonably practicable in the circumstances of the search.

        (3)         A search must be conducted by a person of the same sex as the person being searched unless it is not reasonable or practicable to do so in the circumstances of the search.

        (4)         A fisheries officer who conducts a search under this section must, as soon as possible after completing the search, make a written record of the search setting out—

            (a)         the grounds on which the search was conducted; and

            (b)         the time and place of the search; and

            (c)         the name of the person who conducted the search; and

            (d)         the name of the person who was searched; and

            (e)         the results of the search.

        (5)         In this section—

"prescribed offence" means an offence against section 52, 72, 74, 78 or 119.