QLDIn ForceAct
Fisheries Act 1994
sec.173EChief executive may obtain criminal history report
Start here
Get a plain-English read of sec.173E
Turn the raw legal text into a practical explanation grounded in Fisheries Act 1994.
### sec.173E Chief executive may obtain criminal history report
This section applies if an inspector suspects, on reasonable grounds, a person—
may be present in a place, boat or vehicle when the inspector enters the place, boat or vehicle under this part; and
may create an unacceptable level of risk to the inspector’s safety.
The chief executive may ask the commissioner of the police service for a written report about the criminal history of the person that includes a brief description of the circumstances of a conviction mentioned in the criminal history.
The commissioner of the police service must comply with the request.
However, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.
The chief executive must examine the report and identify, to the extent it is reasonably practicable to do so, offences involving conduct, behaviour or circumstances that suggest the person’s presence in the place, boat or vehicle may endanger the inspector’s safety.
The chief executive may give the inspector information in the report about the offences identified under subsection (5) .
The chief executive must ensure the report, and any information in the report given to an inspector in writing, is destroyed as soon as practicable after the report is no longer needed for the purpose for which it was requested.
s 173E ins 2019 No. 6 s 19
amd 2024 No. 17 s 192 s ch 1 pt 1
(sec.173E-ssec.1) This section applies if an inspector suspects, on reasonable grounds, a person— may be present in a place, boat or vehicle when the inspector enters the place, boat or vehicle under this part; and may create an unacceptable level of risk to the inspector’s safety.
(sec.173E-ssec.2) The chief executive may ask the commissioner of the police service for a written report about the criminal history of the person that includes a brief description of the circumstances of a conviction mentioned in the criminal history.
(sec.173E-ssec.3) The commissioner of the police service must comply with the request.
(sec.173E-ssec.4) However, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.
(sec.173E-ssec.5) The chief executive must examine the report and identify, to the extent it is reasonably practicable to do so, offences involving conduct, behaviour or circumstances that suggest the person’s presence in the place, boat or vehicle may endanger the inspector’s safety.
(sec.173E-ssec.6) The chief executive may give the inspector information in the report about the offences identified under subsection (5) .
(sec.173E-ssec.7) The chief executive must ensure the report, and any information in the report given to an inspector in writing, is destroyed as soon as practicable after the report is no longer needed for the purpose for which it was requested.
- (a) may be present in a place, boat or vehicle when the inspector enters the place, boat or vehicle under this part; and
- (b) may create an unacceptable level of risk to the inspector’s safety.