102Powers of entry and inspection

102 Powers of entry and inspection S. 102(1) amended by No. 37/2014 s. 10(Sch. item 65.11(a)). (1) In the administration of this Act or for ascertaining whether or not the provisions of this Act, the regulations or a fisheries notice are being observed, an authorised officer or police officer may without any further or other authority than this section, at any reasonable time having regard to all the circumstances and with such persons as the authorised officer or police officer thinks necessary, enter upon any land or protected waters or any premises other than a dwelling house for the purposes specified in subsection (2). (2) The purposes are— S. 102(2)(a) amended by No. 5/1997 s. 50(1)(n)(i). (a) inspecting or searching for any fishing equipment or fish, protected aquatic biota or noxious aquatic species; (b) surveying any land for the purposes of this Act; (c) constructing, erecting and maintaining posts, buoys, beacons or other marks for or in connection with the boundaries of areas held under this Act or the subject of applications made for the purposes of this Act; (d) examining whether the conditions of any licence, permit or other authority under this Act are being complied with; S. 102(2)(e) amended by No. 5/1997 s. 50(1)(n)(ii). (e) searching for or seizing and removing any noxious aquatic species; S. 102(2)(f) amended by No. 37/2014 s. 10(Sch. item 65.11(a)). (f) searching for or seizing and removing or destroying any fish which the authorised officer or police officer believes on reasonable grounds are contaminated in a way, or are in a state, that might render them dangerous for consumption by humans or animals; S. 102(2)(g) amended by No. 5/1997 s. 50(1)(n)(ii). (g) destroying any noxious aquatic species; S. 102(2)(h) amended by No. 5/1997 ss 18(a), 50(1)(n)(i), substituted by No. 17/2002 s. 16, amended by No. 37/2014 s. 10(Sch. item 65.11(a)). (h) inspecting any document which the authorised officer or police officer reasonably believes to be relevant for the purpose of ascertaining whether or not the provisions of this Act, the regulations or a fisheries notice are being observed; S. 102(2)(ha) inserted by No. 17/2002 s. 16. (ha) making extracts, copies or notes of the contents of a document inspected under paragraph (h); (i) seizing any such document if, in the reasonable belief of the authorised officer, the document may assist in the enforcement of this Act. S. 102(3) amended by No. 37/2014 s. 10(Sch. item 65.11(a)). (3) Any authorised officer or police officer may at any time without warrant search any parcel, basket, bag, box, receptacle, boat, aircraft or vehicle whatsoever or any premises other than a dwelling house for any document or thing. S. 102(4) amended by No. 37/2014 s. 10(Sch. item 65.11(a)). (4) An authorised officer or police officer may direct the operator of any boat, the driver of any vehicle or the pilot of any aircraft to stop the boat, vehicle or aeroplane. S. 102(5) amended by No. 37/2014 s. 10(Sch. item 65.11(a)). (5) If in the circumstances it would be unreasonable or unsafe for the operator, driver or pilot to comply with a directive under subsection (4), the authorised officer or police officer may direct the operator, driver or pilot to proceed elsewhere and stop. (6) An authorised officer may upon reasonable notice— S. 102(6)(a) amended by Nos 5/1997 s. 50(1)(o), 17/2002 s. 17. (a) require the production of any records required by this Act to be kept; and (b) examine any such records when so produced; and (c) make extracts, copies or notes of the contents. S. 102(6A) inserted by No. 50/2005 (6A) An authorised officer may upon reasonable notice— (a) require a person to produce a document, which the authorised officer reasonably believes to be relevant for the purpose of ascertaining whether or not the provisions of this Act, the regulations or a fisheries notice are being observed; and (b) examine the document; and (c) make copies of the document or take extracts from it; and (d) remove the document for as long as is reasonably necessary to make copies or take extracts from it. S. 102(6B) inserted by No. 50/2005 (6B) A person is not excused from producing a record under subsection (6) or a document under subsection (6A) on the ground that the production of the record or document would tend to incriminate the person or make the person liable to a penalty. S. 102(6C) inserted by No. 50/2005 (6C) If, before producing a document under subsection (6A), a natural person claims that the producing of the document would tend to incriminate him or her or to make him or her liable to a penalty, the document is not admissible in evidence against the person in any criminal or civil proceeding, or in any proceeding for the imposition of a penalty, against the person, other than in a proceeding for an offence under section 111(1)(f). S. 102(6D) inserted by No. 40/2019 s. 23. (6D) An authorised officer or police officer may require a person to produce for inspection any fish or fishing equipment that is in the person's possession. S. 102(7) amended by No. 37/2014 s. 10(Sch. item 65.11(b)(i)). (7) An authorised officer or police officer may require the holder of a licence or permit to produce the licence or permit for inspection on demand either— (a) immediately; or S. 102(7)(b) amended by No. 37/2014 s. 10(Sch. item 65.11(b)(ii)). (b) if the holder does not have the licence or permit in his or her possession, at a time within 7 days of the demand and a place stipulated by the authorised officer or police officer. 1. 4 penalty units. S. 102(8) amended by No. 37/2014 s. 10(Sch. item 65.11(c)). (8) If an authorised officer or a police officer directs a person to produce a licence or permit at a subsequent time and place, it is a sufficient compliance with the direction if the person sends by post to the authorised officer or police officer within 7 days after first returning to his or her place of residence after the demand is made, the licence or permit and a stamped addressed envelope for the return of the licence or permit. S. 102(9) amended by Nos 37/2014 s. 10(Sch. item 65.11(d)), 6/2018 s. 68(Sch. 2 item 56.2). (9) The statement on oath or by affirmation of an authorised officer or a police officer that the holder of a licence or permit failed to produce on demand on a specified day the licence or permit and, having been directed to produce the licence or permit to the authorised officer or police officer within 7 days thereafter, failed to produce or to send by post the licence or permit, is evidence until the contrary is proven, that the person was not the holder of a licence or permit under the Act on that specified day. S. 102A inserted by No. 17/2002 s. 18.