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Fisheries Act 1988
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(1) Subject to section 32, where a Fisheries Officer is satisfied that
there are reasonable grounds for suspecting that an offence against
this Act has been, is being, or is about to be committed and
whether after an examination under section 30 or otherwise, the
officer may, without warrant:
(a) enter, with such force as is reasonably necessary, at any time,
any vehicle, vessel, premises or place and, for that purpose,
stop and detain any vehicle or vessel; and
Fisheries Act 1988 42
(b) search the vehicle, vessel, premises, or place and stop and
detain any person found in or on them or it and any person
whom the officer reasonably believes to be about to enter or to
have recently left the vehicle, vessel, premises, or place; and
(c) break open and search any container, whether a fixture or not,
in or on the vehicle, vessel, premises, or place; and
(d) detain, remove, and secure any vehicle, vessel, or fishing
gear, or any plant, motor, appliance, fitting, or equipment
(including fishing monitoring equipment and vessel monitoring
systems) in, on, or attached to any vehicle, vessel, premises,
or place, or any fish or aquatic life or other thing that is found
on any vehicle, vessel, premises, or place if the officer has
reasonable grounds for believing that it is evidence of or
otherwise relates to an offence that has been, is being, or is
about to be committed against this Act; and
(e) require the master or other person in charge of a vehicle or
vessel to cause it to stop or to bring it to a place in the
Territory and to remain in control of it at that place until a
Fisheries Officer permits the master or other person to depart
from that place; and
(f) require a person to open a locked, barred or otherwise
secured gate, door or container; and
(g) take such action as is reasonably necessary to prevent the
commission of an offence against this Act.
under subsection (1)(e) or (f) and the person is reckless in
relation to the result.