Australian Capital Territory Numbered Acts

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FISHERIES LEGISLATION AMENDMENT ACT 2019 (NO. 27 OF 2019) - SECT 17

New division 7.1A

before division 7.1, insert

Division 7.1A     Fisheries officers

50     Appointment

The director-general may appoint a person as a fisheries officer for this Act.

Note 1     For the making of appointments (including acting appointments), see the Legislation Act

, pt 19.3.

Note 2     In particular, a person may be appointed for a particular provision of a law (see Legislation Act

, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act

, s 207).

51     Identity cards

    (1)     The director-general must give each fisheries officer an identity card that states the person's name and appointment as a fisheries officer, and shows—

        (a)     a recent photograph of the person; and

        (b)     the date of issue of the card; and

        (c)     the date of expiry of the card; and

        (d)     anything else prescribed by regulation.

    (2)     A person commits an offence if the person—

        (a)     stops being a fisheries officer; and

        (b)     does not return the person's identity card to the director-general as soon as practicable (but within 7 days) after the day the person stops being a fisheries officer.

Maximum penalty: 5 penalty units.

    (3)     Subsection (2) does not apply to a person if the person's identity card is—

        (a)     lost or stolen; or

        (b)     destroyed by someone else.

    (4)     An offence against this section is a strict liability offence.

52     Fisheries officer must show identity card on exercising power

    (1)     If a fisheries officer exercises a power under this part that affects an individual, the fisheries officer must first show the fisheries officer's identity card to the individual.

    (2)     If a fisheries officer exercises a power under this part that affects an entity, other than an individual, the fisheries officer must first show the fisheries officer's identity card to an individual the fisheries officer believes on reasonable grounds is an employee, officer or agent of the entity.

Examples—person other than an individual

corporation, partnership



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