32General matters relating to powers of Fisheries Officers

32 General matters relating to powers of Fisheries Officers (1) The power conferred by sections 30 and 31 to enter any premises or place without a warrant does not include power to enter a room that is used solely for domestic purposes. Fisheries Act 1988 43 (3) For the purpose of exercising a power of examination or search under section 30 or 31 a Fisheries Officer may: (a) require a person who is, or in the opinion of the Fisheries Officer appears to be, the master or other person in control of a vessel or vehicle to take an action, or to desist from an action, to facilitate the entering or boarding of the vessel or vehicle by the Fisheries Officer; or (b) require a person who is, or in the opinion of the Fisheries Officer appears to be, in possession of fishing gear to remove the gear from the water so that the Fisheries Officer can inspect it. under subsection (3) and the person is reckless in relation to the result. (5) A Fisheries Officer lawfully exercising powers under section 30 or 31 may make or take copies of any relevant record or document, and for this purpose may take possession of and remove from the place where it is kept, for such period of time as is reasonable in the circumstances, any such record or document. (6) Every person exercising a power conferred by section 30 or 31 must produce evidence that the person is a Fisheries Officer to any person on or in the vehicle, vessel, premises, or place or claiming an interest in the things on or in or in respect of which the power is exercised, who questions the right of the Fisheries Officer to exercise that power. Note for subsection (6) Section 8(4) provides that the production of an identity card is sufficient authority for a Fisheries Officer to exercise powers. (8) A Fisheries Officer may, while exercising a power under this Act, be accompanied by any person, and may, if the officer reasonably believes that it is necessary in the circumstances, request any suitable person to assist the officer in exercising that power. (9) A person, while assisting a Fisheries Officer in response to a request for assistance under subsection (8), has and may exercise all such powers of a Fisheries Officer as are reasonably necessary for the purpose. Fisheries Act 1988 44