Document ID: chunk:federal_register_of_legislation:C2024C00591:section:84:p4
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 84 (pt 4/5)
Character Range: 212088–214560

notify the owner or person in charge of a vehicle or aircraft that the officer will be exercising powers under paragraph (1)(e) without a warrant and that the reasons for the exercise of those powers may be requested; and
 (d) as soon as reasonably practicable, record the reasons for the exercise of those powers without a warrant; and
 (e) upon request by the owner or person in charge of the vehicle or aircraft—provide the record of those reasons to the person affected by the exercise of those powers.
 (1A) If an officer takes any action under subparagraph (1)(g)(i) or (ii), the officer must, within 7 days after the action is taken, give written notice of the grounds for the taking of the action to the person believed by the officer:
 (a) if the action is taken in relation to any fish—to have taken, processed, carried or landed the fish, as the case may be; or
 (b) if the action is taken in relation to any boat—to be the owner of the boat; or
 (c) if the action is taken in relation to any net, trap or other equipment—to have used, to be using or to be intending to use the net, trap or other equipment, as the case may be.
Note: Subdivision C of Division 6 deals with notice of seizure of things under paragraph 84(1)(ga), (gb), (gc) or (gd).
 (1B) To avoid doubt, the validity of the seizure of a boat by an officer under paragraph (1)(g) is not affected merely because:
 (a) the boat is brought or taken under escort to a place; and
 (b) the boat had to travel on the high seas to reach the place.
 (1BA) If there is a restraint on the liberty of a person on a boat resulting from an officer's exercise of a power under paragraph (1)(g) in relation to a boat:
 (a) the restraint is not unlawful; and
 (b) civil or criminal proceedings in respect of the restraint may not be instituted or continued in any court against:
 (i) the officer; or
 (ii) any person assisting the officer in the exercise of the power; or
 (iii) AFMA; or
 (iv) the Commonwealth.
This subsection is not intended to affect the jurisdiction of the High Court under section 75 of the Constitution.
 (5) Where an officer (other than a member of the Defence Force who is in uniform) proposes to enter and search, or to detain, a vehicle or aircraft, the officer must, if there is a person in charge of the vehicle or aircraft:
 (a) where the officer is a prescribed person—produce, for inspection by the person in charge of the vehicle or aircraft, written evidence of the fact that the