105Powers of seizure

105 Powers of seizure S. 105(1) amended by No. 37/2014 s. 10(Sch. item 65.18). (1) For preventing the commission, repetition or continuation of an offence against this Act, the regulations or a fisheries notice, any authorised officer or any police officer— S. 105(1)(a) amended by No. 21/2011 s. 4. (a) may seize any fishing equipment the possession, sale or use of which is prohibited under this Act, the regulations or a fisheries notice in any particular case; or S. 105(1)(b) amended by No. 5/1997 s. 50(1)(p). (b) may at any time with or without warrant seize any fish, protected aquatic biota or noxious aquatic species taken or reasonably suspected to have been taken by any person or in the possession or under the control of any person contrary to this Act, the regulations or a fisheries notice. S. 105(2) amended by Nos 69/2004 s. 6(4), 37/2014 s. 10(Sch. item 65.18). (2) An authorised officer or police officer may seize any thing (including boats, trailers, aircraft, motor vehicles, non-motorised vehicles, communications equipment, viewing or scanning devices, fishing equipment, diving equipment, processing equipment, fish, tools, electronic equipment, office equipment, provisions, materials, protected aquatic biota, noxious aquatic species, and documents) that is being used by, or that is in the possession of, a person who has just committed or is reasonably suspected of having committed, is committing or appears to be just about to commit, an offence against this Act, the regulations or a fisheries notice. S. 105(3) amended by No. 37/2014 s. 10(Sch. item 65.18). (3) Subsections (1) and (2) extend to any case where a person is found behaving or acting in such a manner or under such circumstances that the authorised officer or police officer believes on reasonable grounds, without having observed the commission of an offence against this Act, the regulations or a fisheries notice, that the person found has committed such an offence. S. 106 (Heading) inserted by No. 35/2009 s. 66(1).