205Restrictions on sale and repair

205 Restrictions on sale and repair The holder of a Net licence shall not make, repair or sell net which a person shall not have possession of except under a licence or a permit except for or to a person who, under the Act, may lawfully have possession of the net under a licence or permit. Fisheries Regulations 1992 162 205AA Classes of Fisheries Inspectors (1) A Fisheries Inspector is to be appointed under section 7A of the Act as: (a) a Fisheries Inspector (Class 1); or (b) a Fisheries Inspector (Class 2). (2) The identity card issued to the Fisheries Inspector under section 8 of the Act must identify the Fisheries Inspector's class. 205AB Powers of Fisheries Inspectors (1) This regulation applies if a Fisheries Inspector believes it is necessary to exercise a power under subregulation (2): (a) to assist in the conservation or management of a fishery; or (b) for the enforcement of the Act, these Regulations or a management plan. (2) The Fisheries Inspector may: (a) require a person the Fisheries Inspector believes on reasonable grounds is engaged in taking fish or aquatic life to give the Fishing Inspector: (i) the person's name and address; and (ii) the number of the licence or permit (if any) that authorises the taking of the fish or aquatic life; and (b) examine any fishing gear the Fisheries Inspector believes on reasonable grounds is being used for taking fish or aquatic life. 205AC Additional powers of Fisheries Inspectors (Class 2) (1) This section applies if: (a) a Fisheries Inspector (Class 2) believes on reasonable grounds that a person is or has been engaged in taking fish or aquatic life; and Fisheries Regulations 1992 163 (b) the Fisheries Inspector (Class 2) believes it is necessary to exercise a power under subregulation (2): (i) to assist in the conservation or management of a fishery; or (ii) for the enforcement of the Act, these Regulations or a management plan. (2) The Fisheries Inspector (Class 2) may at all reasonable times without warrant: (a) do any of the following: (i) stop, enter and examine a vehicle or vessel; (ii) examine fishing gear, fish or aquatic life; (iii) open and examine the contents of a container; and (b) require a person to unlock a vehicle, vessel or container, if the person: (i) is the owner of, is in possession of, or is the person who locked the thing required to be unlocked; and (ii) is in the immediate vicinity; and (c) require: (i) a person to answer a question; and (ii) the master of a vessel, or any other person, to give an explanation or information about the vessel or a vehicle, fishing gear, fish, aquatic life or container; and (d) require a person mentioned in paragraph (c) to produce within 7 days a licence, permit, special permit or other authority or certificate issued in relation to the vessel, vehicle, person or thing. Fisheries Inspector (Class 2) means a Fisheries Inspector mentioned in regulation 205AA(1)(b). Fisheries Regulations 1992 164 205AD Fisheries Inspector to produce evidence of identity At the request of a person in relation to whom a Fisheries Inspector is exercising a power under regulation 205AB or 205AC, the Fisheries Inspector must produce evidence that they are a Fisheries Inspector authorised to exercise the power. Notes for regulation 205AD 1 Section 8(4) of the Act provides that the production of an identity card is sufficient authority for a Fisheries Inspector to exercise powers. 2 Section 39(1) of the Act makes it an offence to obstruct a Fisheries Inspector in the exercise of powers and section 35A makes it an offence to give misleading information or documents to a Fisheries Inspector.