Document ID: chunk:federal_register_of_legislation:C2024C00644:section:42:p4
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 42 (pt 4/6)
Character Range: 110895–113446

and
 (pb) require a person in charge of commercial fishing without the use of a boat, being fishing in respect of which a licence under section 19 is required to be in force under this Act, to produce the licence and permit the officer to make copies of, or take extracts from, the licence; and
 (q) sell any fish seized by him or her under this Act.
Note: Schedule 2 gives officers powers relating to detention of suspected illegal foreign fishers.
 (2) The powers of an officer under subsection (1) may be exercised in Australia, in an external Territory, in an area of Australian jurisdiction or in an area of waters in relation to which the Fisheries Management Act 1991 applies.
 (2AAA) 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)(d) 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.
 (2A) Where an officer (other than a prescribed person who is in uniform) boards or enters upon a boat, the officer shall:
 (a) in the case of a prescribed person—produce, for inspection by the master of the boat, written evidence of the fact that the officer is a prescribed person; or
 (b) in any other case—produce, for inspection by the master of the boat, the officer's identity card;
and, if the officer fails to do so, the officer is not authorised to remain on board the boat.
 (2AA) Where an officer (other than a prescribed person who is in uniform) proposes to enter and search, or to detain, a vehicle, the officer shall, if there is a person in charge of the vehicle:
 (a) where the officer is a prescribed person—produce, for inspection by the person in charge of the vehicle, written evidence of the fact that the officer is a prescribed person; or
 (b) in any other case—produce, for inspection by the person in charge of the vehicle, the officer's identity card;
and, if the officer fails to do so, the officer is not authorised to enter and search, or to detain, the vehicle.
 (2B) Where an officer (other than a prescribed person who is in uniform) makes a requirement of a person (in this subsection referred to as the relevant person) under subsection (1), the officer shall: