Document ID: chunk:federal_register_of_legislation:C2005A00099:clause:1_87fd
Version: federal_register_of_legislation:C2005A00099
Segment Type: clause
Provision Reference: sch 1 cl 87FD
Character Range: 24769–27108

87FD  Procedures relating to exercise of powers on WCPFC boat

Overview

 (1) This section applies if an officer on a WCPFC boat exercises powers under section 84 as it applies because of section 87FA or 87FB.

Showing documents to master

 (2) When, or as soon as practicable after, an officer first exercises a power on the boat relating to an offence against section 105H or 105I in relation to a WCPFC conservation and management measure, an officer must show the master of the boat:
 (a) a copy of the text of the measure; and
 (b) a copy of the provisions of this Act and the regulations that relate to the measure.

Giving notice to flag state for boat

 (3) When, or as soon as practicable after, an officer first exercises a power on the boat, an officer must give notice to the country of nationality that an officer has boarded and is inspecting the boat.

Leaving quickly after finding no evidence

 (4) The officer must leave the boat as soon as reasonably practicable after exercising the powers on the boat and finding no evidence that a person has seriously violated a WCPFC conservation and management measure in relation to the boat.

Giving report of exercise of powers

 (5) After one or more officers have finished exercising powers on the boat, an officer must give the master and the country of nationality of the boat a report of the exercise of the powers on the boat during the period while one or more officers were on the boat.

Legislative instruments

 (6) If a notice under subsection (3) or a report under subsection (5) is made by an instrument, the notice or report is not a legislative instrument.

Report to note master's statements

 (7) A report under subsection (5) must include a note of any objection or statement the master of the boat asked an officer to include in the report.

Minimising duplication

 (8) This section does not require the master to be shown a document more than once, or more than one notice or report to be given, in relation to the exercise of a power or powers during the period for which one or more officers are on the boat (even if the same officer is not on the boat throughout the period).

Officers to comply with regulations

 (9) The officer must comply with any other requirements prescribed by the regulations in relation to the exercise of the powers.