Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30 of 1981 - SECT 16

General powers of inspectors

16. (1) Subject to this section, an inspector may search a vessel if he
believes on reasonable grounds that there is in, on or attached to that vessel
-

   (a)  a marine organism in respect of which an offence against this Act has
        been committed; or

   (b)  anything that may afford evidence as to the commission of an offence
        against this Act, and for that purpose stop or detain that vessel.

(2) An inspector shall not search -

   (a)  a vessel belonging to an arm of the Defence Force; or

   (b)  a foreign vessel of war, unless permission to do so is given by the
        person for the time being having command of the vessel and, if that
        person so requires, personnel of an arm of the Defence Force or of the
        foreign vessel, as the case may be, are present to supervise the
        search.

(3) An inspector may -

   (a)  require any person whom he finds committing or whom he suspects on
        reasonable grounds of having committed an offence against this Act to
        state his full name and usual place of residence; and

   (b)  require any person whom he finds doing or whom he suspects on
        reasonable grounds of having done an act in respect of which the
        person is required to hold a permit to produce such a permit or
        evidence of the existence and contents of such a permit.

(4) Where an inspector (other than a member of a police force who is in
uniform) stops, or proposes to search or detain, a vessel, he shall -

   (a)  if he is a member of a police force - produce, for inspection by the
        master of the vessel, written evidence of the fact that he is a member
        of a police force; or

   (b)  in any other case - produce his identity card for inspection by that
        person, and, if he fails to do so, he is not authorized to search or
        detain that vessel.

(5) Where an inspector (other than a member of a police force who is in
uniform) makes a requirement of a person in pursuance of sub-section (3), he
shall -

   (a)  if he is a member of a police force - produce, for inspection by that
        person, written evidence of the fact that he is a member of a police
        force; or

   (b)  in any other case - produce his identity card for inspection by that
        person, and, if he fails to do so, that person is not obliged to
        comply with the requirement.

(6) A person who, without reasonable excuse, fails to comply with a
requirement made of him by an inspector under this section is guilty of an
offence punishable, upon conviction, by a fine not exceeding $1,000.
(7) For the purposes of paragraph (3) (b), "permit" includes an authority of
another Contracting Party that is in force. 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback