South Australian Numbered Acts

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FISHERIES MANAGEMENT ACT 2007 (NO 4 OF 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).



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