Div 3Appointment and powers of wardens

Division 3—Appointment and powers of wardens 20—Appointment of wardens (1) Subject to subsection (7), the Minister may, by instrument in writing, appoint any person who has prescribed qualifications to be a warden under this Act. (2) A warden will be appointed for a term specified in the instrument of appointment. (3) An appointment under subsection (1) may be subject to conditions or limitations specified in the instrument of appointment that govern the exercise of the appointee's powers as a warden. (5) Every police officer is, while holding office as such, a warden competent to exercise powers as such in any part of the State. (6) A warden must, while acting as such, carry an identity card issued by the Minister or, if the warden is a police officer, the officer's warrant card, and the warden must produce the card for inspection by the person against whom the warden proposes to exercise any of the powers conferred by this Act. (7) The Minister may not appoint a warden with powers limited in application to a co‑managed park except— (a) if there is a co‑management board for the park—with the agreement of the co‑management board; or (b) in any other case—after consultation with the other party to the co‑management agreement for the park. 21—Assistance to warden (1) A warden may request any suitable person to assist the warden in the exercise of powers under this Act. (2) A person, while assisting a warden in response to a request for assistance by the warden, has the powers of a warden. 22—Powers of wardens (1) If a warden suspects on reasonable grounds that an offence against this Act is being, or has been committed, the warden may— (a) enter and search any premises or vehicle connected with the suspected offence; (b) in order to exercise his or her powers under this section or under any other provision of this Act, give directions to a person in, or in charge of, a vehicle to stop the vehicle or to move it to a particular place; (ba) give directions to a person in, or in charge of, a vehicle in order to facilitate a search of the vehicle; (c) require the person suspected of having committed the offence to state his or her full name and usual place of residence; (ca) subject to subsection (1c), take blood or other material (or authorise any other person to take blood or other material) from an animal, or the carcass or egg of an animal, for the purpose of obtaining a DNA profile; (cb) take photographs, films or video or audio recordings or make a record in any other manner or by any other means; (d) if the suspect is on a reserve—order him or her off the reserve for a stated period (not exceeding 24 hours). (1a) Subject to subsection (1c), a person who has possession or control of an animal, or the carcass or egg of an animal, must, if a warden requires him or her to do so, permit the warden, or a person authorised by the warden, to take blood or other material pursuant to subsection (1)(ca) from the animal, carcass or egg. (1b) A warden, or a person authorised by a warden, may only take blood or other material from an animal, carcass or egg pursuant to subsection (1)(ca) if he or she does so in a manner that does not injure or cause pain or distress to the animal or damage the carcass or egg to a greater extent than is necessary. (1c) A warden cannot act under subsection (1)(ca) or make a requirement under subsection (1a) without the oral or written authority of the Director given by the Director personally. (2) If a warden suspects on reasonable grounds that a person is about to commit an offence against this Act the warden may require the person to state his or her full name and usual place of residence. (3) If a warden suspects on reasonable grounds that the name or place of residence stated pursuant to this section is false, the warden may require the person to produce evidence of his or her full name or usual place of residence. (4) A warden may— (a) enter and inspect premises— (i) on which a protected animal is kept; or (ii) on which some other activity is carried on in pursuance of a permit under this Act; (b) examine a protected animal kept on such premises; (c) require any person carrying on an activity for which a permit is required under this Act to produce the permit for the warden's inspection. (5) For the purpose of entering and searching premises or a vehicle, a warden may break into the premises or vehicle, or anything on the premises or in the vehicle, using so much force as is necessary for that purpose— (a) if authorised by warrant under subsection (6); or (b) if the warden has reason to believe that urgent action is necessary in the circumstances of the particular case. (6) A justice may, if satisfied on the application of a warden that there is proper ground for the issue of a warrant, issue a warrant authorising the warden to break into and search premises or a vehicle or anything on premises or in a vehicle. (7) A person who contravenes, or fails to comply with, a direction, requirement or order of a warden under this section is guilty of an offence. (8) A warden must not exercise a power under this Act in relation to a co‑managed park contrary to any provision relating to the exercise of the power contained in the co‑management agreement for the reserve. 23—Forfeiture (1) An object is liable to confiscation under this section if— (a) it has been used in the commission, or is likely to be used in the commission, of an offence against this Act; or (b) it furnishes evidence of the commission of an offence against this Act; or (c) where the object is an animal, carcass, egg or plant— (i) it has been taken in contravention of this Act; or (ii) it is, or has been, in the possession of a person in contravention of this Act. (2) A vehicle is liable to confiscation under subsection (1) only in relation to an offence that is punishable by imprisonment. (3) If a warden suspects on reasonable grounds that an object is liable to confiscation under this section, the warden may seize the object. (4) Where an object is seized under subsection (3), the following provisions apply: (a) if proceedings for an offence against this Act in relation to the object seized are not commenced within three months of the date of seizure, the object must be returned to the owner; (b) if such proceedings are commenced against the owner of the object within three months of the date of seizure and the owner is, in the course of those proceedings, convicted of such an offence— (i) the court may order that the object be forfeited to the Crown; and (ii) where the object is an animal, carcass, egg or plant and the prosecutor applies for its forfeiture—the court must order that the object be forfeited to the Crown; (c) the object must be returned to the owner of the object if— (i) in the circumstances referred to in paragraph (b), the owner is not convicted or the court does not make an order for forfeiture; or (ii) in any other circumstances, the object is no longer required to furnish evidence of the commission of an offence; (d) an object forfeited to the Crown may be sold or disposed of as the Minister thinks fit and, if sold, the proceeds of sale must be paid into the Wildlife Conservation Fund. (5) Despite subsection (4)— (a) where a living animal is seized under this section, a warden may release it from captivity; (b) if the Minister is unable, after reasonable inquiry, to ascertain the whereabouts of a person to whom an object is to be returned under subsection (4), the object may be sold or disposed of as the Minister thinks fit and, if sold, the proceeds of sale must be paid into the Wildlife Conservation Fund. (5a) Despite subsection (4) where, in the opinion of the Minister, an animal, carcass, egg or plant confiscated under subsection (1)(c) will suffer a substantial loss in its value before the question of its forfeiture under this section can be determined, the Minister may sell the object (unless it is required for evidentiary purposes) and the proceeds of the sale will be dealt with under this section as if they were the object. convicted includes found guilty without a conviction being recorded; object includes— (a) an animal, carcass or egg; (b) a plant; (c) a vehicle; (d) a cage or container; (e) a firearm or device; (f) a poison or other substance; (g) a document or record; owner in relation to an object seized under this section means either or both of the following persons: (a) a person who has legal title to the object; (b) a person who was, immediately before seizure of the object, legally in possession or control of the object. 24—Hindering of wardens etc (1) A person must not hinder a warden, or a person assisting a warden, in the exercise of powers or functions under this Act. (2) A person must not use abusive, threatening or insulting language to a warden, or a person assisting a warden, in the exercise of powers or functions under this Act. (3) A person must not assault a warden, or a person assisting a warden, in the exercise of powers or functions under this Act. Maximum penalty: $5 000 or imprisonment for 2 years. 24A—Offences by wardens etc Subject to section 26A, a warden, or a person assisting a warden, who— (a) addresses offensive language to any other person; or (b) without lawful authority, hinders or obstructs, or uses or threatens to use force in relation to, any other person, is guilty of an offence. 25—Power of arrest (1) A warden may, without warrant, arrest a person— (a) who fails to comply with a direction, requirement or order of a warden under this Act; or (b) who hinders a warden in the exercise of powers or functions under this Act. (2) Where a warden arrests a person under this section, the warden must, as soon as possible, take the person, or have the person taken, to the nearest police station at which facilities are continuously available for the care and custody of the person arrested. 26—False representation A person must not, by words or conduct, falsely represent that he or she is a warden. Maximum penalty: $2 000 or imprisonment for 3 months.