Victorian Current Acts

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FISHERIES ACT 1995 - SECT 110

Hot pursuit of persons and boats beyond Victorian waters

S. 110(1) amended by Nos 17/2002 s. 23(2), 37/2014 s. 10(Sch. item 65.22(a)(i)).

    (1)     An authorised officer or police officer may exercise with respect to a person or boat at a place at sea outside Victorian waters (but not within the territorial sea of another country) a power conferred on an authorised officer or police officer by this Part if—

S. 110(1)(a) amended by No. 37/2014 s. 10(Sch. item 65.22(a)(ii)).

        (a)     one or more authorised officers or police officers (whether or not including the authorised officer or police officer exercising the power) have pursued the person or boat from a place within those waters to the place; and

S. 110(1)(b) amended by No. 37/2014 s. 10(Sch. item 65.22(a)(i)).

        (b)     the pursuit was not stopped or interrupted at any time before the authorised officer or police officer concerned arrived at the place for the purpose of exercising the power.

S. 110(2) amended by No. 37/2014 s. 10(Sch. item 65.22(b)).

    (2)     For the purposes of this section, a pursuit of a person or boat is taken not to have stopped or to have been interrupted only because the authorised officer or officers or police officer or police officers concerned have temporarily lost sight of the person or boat.

    (3)     A reference in this section to having lost sight of a person or boat includes losing output from a radar or other sensing device.

S. 110A inserted by No. 80/2000 s. 12, amended by Nos 108/2003 s. 12(a)(b), 69/2004 ss 5(2), 12, repealed by No. 16/2004 s. 48.

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