Document ID: chunk:federal_register_of_legislation:C2024C00644:section:42:p1
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 42 (pt 1/6)
Character Range: 103971–106561

42  Powers of officers
 (1) Subject to this section, an officer may:
 (b) where he or she has reasonable grounds to believe that there is on any premises any document, equipment or thing that may afford evidence as to the commission of an offence against this Act, with the consent of the owner or occupier of the premises or in pursuance of a warrant granted under section 43C:
 (i) enter the premises using such force as is necessary for the purpose;
 (ii) search the premises and break open and search any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, in which he or she has reasonable grounds to believe there is a document, equipment or thing of that kind; and
 (iii) examine and take possession of, or secure against interference, any document, equipment or thing that he or she has reasonable grounds to believe may afford evidence as to the commission of an offence against this Act; and
 (ba) where the officer has reasonable grounds to believe that there is in any vehicle or aircraft anything that may afford evidence as to the commission of an offence against this Act, and subject to subsections (3) and (4):
 (i) stop and detain the vehicle or detain the aircraft, as the case may be; and
 (ii) enter and search the vehicle or aircraft; and
 (iii) break open and search any compartment, container or other receptacle in which the officer has reasonable grounds to believe there is any such thing; and
 (iv) examine and take possession of, or secure against interference, any such thing that the officer has reasonable grounds to believe may afford evidence as to the commission of an offence against this Act; and
 (d) seize, detain, remove or secure:
 (i) any fish that the officer has reasonable grounds to believe have been taken, processed, carried or landed in contravention of this Act;
 (ii) any boat (other than a Papua New Guinea boat) or equipment that the officer has reasonable grounds to believe has been used, is being used or is intended to be used in contravention of this Act; or
 (iii) any document or other thing that he or she has reasonable grounds to believe may afford evidence as to the commission of an offence against this Act; and
 (da) if premises are specified in a licence under subsection 19(4B) as premises on which fish are to be kept—enter the premises for the purpose of finding out whether a condition of the licence is being, or has been, complied with or whether a person is contravening or has contravened a provision of this Act and, in furtherance of that purpose:
 (i) search the premises