Section 43 - National Parks and Wildlife Conservation Act 1975 - Searches of vehicles, aircraft and vessels

43Searches of vehicles, aircraft and vessels

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##### 43 Searches of vehicles, aircraft and vessels (1) This section applies in relation to a vehicle, aircraft or vessel if: (a) a warden believes on reasonable grounds that there is in or on the vehicle, aircraft or vessel: (i) anything in respect of which an offence against this Act has been committed; or (ii) anything that may afford evidence about the commission of an offence against this Act; or (b) the vehicle, aircraft or vessel is in a park, reserve or conservation zone and a search of the vehicle, aircraft or vessel is reasonably necessary for the purpose of ascertaining whether there is in that vehicle, aircraft or vessel: (i) anything in respect of which an offence against this Act has been committed; or (ii) anything that may afford evidence about the commission of an offence against this Act. (2) The warden may: (a) stop and detain the vehicle or vessel, or detain the aircraft, as the case requires; and (b) search the vehicle, aircraft or vessel; and (c) break open and search any compartment, container or other receptacle, in or on the vehicle, vessel or aircraft, in which the warden suspects on reasonable grounds there to be anything of a kind referred to in subsection (1); and (d) examine and seize: (i) anything in respect of which the warden suspects on reasonable grounds an offence against this Act has been committed; or (ii) anything that the warden suspects on reasonable grounds may afford evidence about the commission of an offence against this Act. (3) A warden (other than a member of a police force who is in uniform) who stops or proposes to search or detain a vehicle, aircraft or vessel must: (a) in the case of a member of a police force—produce, for inspection by the person in charge of the vehicle, aircraft or vessel, written evidence of the fact that the warden is a member of a police force; or (b) in any other case—produce the warden’s identity card for inspection by the person; and, if the warden fails to do so, he or she is not authorised to search or detain the vehicle, aircraft or vessel.