Document ID: chunk:federal_register_of_legislation:C2005C00501:clause:2_10
Version: federal_register_of_legislation:C2005C00501
Segment Type: clause
Provision Reference: sch 2 cl 10
Character Range: 52518–54147

10  After subsection 84(1)
Insert:

 (1AA) Subject to subsection (1AB), the powers of an officer under paragraph (1)(e) in respect of any vehicle or aircraft must not be exercised without either:
 (a) the consent of the owner or person in charge of the vehicle or aircraft to the exercise of those powers; or
 (b) the obtaining of a warrant under section 85 or 86 authorising the exercise of those powers.

 (1AB) If:
 (a) the owner or person in charge of a vehicle or aircraft referred to in subsection (1AA) refuses to consent to the exercise by an officer of powers under paragraph (1)(e); and
 (b) an officer seeking to exercise those powers believes, on reasonable grounds:
 (i) that there is in the vehicle or aircraft anything that may afford evidence of an offence against this Act; and
 (ii) that the delay that would occur if an application for a warrant were made (either in person or under section 86) would frustrate the effective execution of the warrant;
those powers may be exercised without a warrant but, if that is done, the officer must:
 (c) if it is practicable to do so, 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.

Part 3—Charter fishing