Document ID: chunk:federal_register_of_legislation:C2024C00591:section:84:p3
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 84 (pt 3/5)
Character Range: 209761–212314

believe has committed an offence against this Act; and
 (n) require the master of a boat to produce any fishing concession or Treaty licence, or evidence of the grant of any such concession or licence, for or in respect of the boat; and
 (o) take copies of, or extracts from, a fishing concession, Treaty licence or any other document produced in accordance with a requirement under paragraph (n); and
 (p) require the master of a boat in relation to which a fishing concession is in force under this Act or a Treaty boat in respect of which a Treaty licence is in force to give information concerning the boat and its crew and any person on board the boat; and
 (s) require a person found on any land or premises entered under paragraph (d) or in any vehicle or aircraft detained or searched under paragraph (e):
 (i) to state the person's name and address; or
 (ii) to produce any documents in the person's possession or under the person's control relating to any fish found on the land or in the premises, vehicle or aircraft; or
 (iii) to give information concerning any such fish; and
 (t) sell or otherwise dispose of any fish seized by him or her under this Act.
Note: Schedule 1A gives officers powers relating to detention of suspected illegal foreign fishers.
 (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)