16General powers of inspectors

16 General powers of inspectors

(1) Subject to this section, an inspector may search a vessel if he or she believes on reasonable grounds that there is in, on or attached to that vessel: (a) a marine organism in respect of which an offence against this Act has been committed; or (b) anything that may afford evidence as to the commission of an offence against this Act; and for that purpose stop or detain that vessel. (2) An inspector shall not search: (a) a vessel belonging to an arm of the Defence Force; or (b) a foreign vessel of war; unless permission to do so is given by the person for the time being having command of the vessel and, if that person so requires, personnel of an arm of the Defence Force or of the foreign vessel, as the case may be, are present to supervise the search. (3) An inspector may: (a) require any person whom he or she finds committing or whom he or she suspects on reasonable grounds of having committed an offence against this Act to state his or her full name and usual place of residence; and (b) require any person whom he or she finds doing or whom he or she suspects on reasonable grounds of having done an act in respect of which the person is required to hold a permit to produce such a permit or evidence of the existence and contents of such a permit. (4) Where an inspector (other than a member of a police force who is in uniform) stops, or proposes to search or detain, a vessel, he or she shall: (a) if he or she is a member of a police force—produce, for inspection by the master of the vessel, written evidence of the fact that he or she is a member of a police force; or (b) in any other case—produce his or her identity card for inspection by that person; and, if he or she fails to do so, he or she is not authorized to search or detain that vessel. (5) Where an inspector (other than a member of a police force who is in uniform) makes a requirement of a person in pursuance of subsection (3), he or she shall: (a) if he or she is a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of a police force; or (b) in any other case—produce his or her identity card for inspection by that person; and, if he or she fails to do so, that person is not obliged to comply with the requirement. (6) A person who fails to comply with a requirement made of him or her by an inspector under this section commits an offence punishable, upon conviction, by a fine not exceeding 10 penalty units. (6A) An offence under subsection (6) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(6B) Subsection (6) does not apply if the person has a reasonable excuse.

Note: The defendant bears an evidential burden in relation to the matter in subsection (6B). See subsection 13.3(3) of the Criminal Code.