84Powers of officers

84 Powers of officers

(1) An officer may: (d) where the officer has reasonable grounds to believe that there is on any land or in any premises anything that may afford evidence as to the commission of an offence against this Act, with the consent of the owner or occupier of the land or premises or under a warrant issued under section 85: (i) enter the land or premises; and (ii) search the land or premises and break open and search any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, in which the officer has reasonable grounds to believe that there is any such thing; and (iii) examine and take possession of, or secure against interference, any such thing that the officer has reasonable grounds to believe may afford evidence as to the commission of an offence against this Act; and (e) where the officer has reasonable grounds to believe that there is in any vehicle or aircraft anything that may afford evidence as to the commission of an offence against this Act, and subject to subsections (1AA) and (1AB): (i) stop and detain the vehicle or detain the aircraft, as the case may be; and (ii) enter and search the vehicle or aircraft; and (iii) break open and search any compartment, container or other receptacle in which the officer has reasonable grounds to believe there is any such thing; and (iv) examine and take possession of, or secure against interference, any such thing that the officer has reasonable grounds to believe may afford evidence as to the commission of an offence against this Act; and (f) examine any equipment found in any place, being equipment that the officer has reasonable grounds to believe has been used, is being used, or is intended to be used, for fishing in the AFZ; and (fa) if a fishing concession provides for the use of equipment of a particular type—require the holder of the concession to give the officer such help as the officer reasonably requires for the purpose of measuring the equipment; and (g) subject to subsection (1A), seize, detain, remove or secure: (i) any fish that the officer has reasonable grounds to believe has been taken, processed, carried or landed in contravention of this Act; or (ii) any boat, net, trap or other equipment that the officer has reasonable grounds to believe has been used, is being used or is intended to be used in contravention of this Act; or (iii) any document or other thing that the officer has reasonable grounds to believe may afford evidence as to the commission of an offence against this Act; and (ga) seize all or any of the following that are forfeited to the Commonwealth under section 106A or that the officer has reasonable grounds to believe are forfeited under that section: (i) a boat; (ii) a net, trap or other equipment; (iii) fish; and (gb) seize all or any of the following that are forfeited to the Commonwealth under section 106AA or that the officer has reasonable grounds to believe are forfeited under that section: (i) a net, trap or other equipment; (ii) fish; and (gc) seize any fish that are the property of the Commonwealth because of the operation of section 106AC or that the officer has reasonable grounds to believe are the property of the Commonwealth because of the operation of that section; and (gd) seize anything: (i) that is on, in or attached to a boat and that forms part of the boat; and (ii) that is the property of the Commonwealth because of the operation of section 106AD or that the officer has reasonable grounds to believe is the property of the Commonwealth because of the operation of that section; and (h) enter on land or premises specified in a fish receiver permit for the purpose of finding out whether a condition of the permit is being, or has been, complied with or whether a person is contravening or has contravened a provision of this Act and, in furtherance of that purpose: (i) search the land or premises for, and examine, fish; and (ii) search the land or premises for, inspect, take extracts from, and make copies of, any documents relating to the receiving of fish; and (iii) if the officer finds, during the course of the search, any thing that he or she believes, on reasonable grounds, may provide evidence of a contravention of a provision of this Act, secure the thing pending the obtaining of a warrant to seize it; and (i) with the consent of the holder of a fish receiver permit or under a warrant issued under section 85, seize any thing found during the course of a search that the officer believes, on reasonable grounds, may provide evidence of a contravention of this Act; and (j) without warrant, arrest a person whom the officer has reasonable grounds to believe has committed an offence against this Act; and (n) require the master of a boat to produce any fishing concession or Treaty licence, or evidence of the grant of any such concession or licence, for or in respect of the boat; and (o) take copies of, or extracts from, a fishing concession, Treaty licence or any other document produced in accordance with a requirement under paragraph (n); and (p) require the master of a boat in relation to which a fishing concession is in force under this Act or a Treaty boat in respect of which a Treaty licence is in force to give information concerning the boat and its crew and any person on board the boat; and (s) require a person found on any land or premises entered under paragraph (d) or in any vehicle or aircraft detained or searched under paragraph (e): (i) to state the person’s name and address; or (ii) to produce any documents in the person’s possession or under the person’s control relating to any fish found on the land or in the premises, vehicle or aircraft; or (iii) to give information concerning any such fish; and (t) sell or otherwise dispose of any fish seized by him or her under this Act.