Commonwealth Consolidated Acts

FISHERIES MANAGEMENT ACT 1991 - SECT 87H

Power to board and inspect

             (1)  An officer may board and inspect a boat on the high seas that is equipped for fishing if the officer has reasonable grounds to believe that the boat does not have a nationality.

Producing identification for master to inspect

             (2)  The officer must produce written identification of the officer for the master of the boat to inspect as soon as practicable after the officer has boarded. If the officer does not do so, he or she must not remain on the boat.

Searching persons for weapons

          (2A)  An officer who has boarded the boat may search without warrant a person on the boat and the person's clothing to find out whether there is hidden on the person or in the clothing a weapon or a thing capable of being used to inflict bodily injury on another person.

          (2B)  Section 84AA:

                     (a)  applies in relation to the search, and weapons and other things found in the search, in the same way as that section applies in relation to a search under paragraph 84(1)(aaa) and weapons and things found in a search under that paragraph; and

                     (b)  applies in relation to subsection (2A) of this section in the same way as it applies in relation to paragraph 84(1)(aaa).

Giving report of exercise of powers

             (3)  After one or more officers have finished inspecting the boat, an officer must give the master of the boat a report of the inspection during the period while one or more officers were on the boat.

Report to note master's statements

             (4)  The report must include a note of any objection or statement the master of the boat asked an officer to include in the report.

Minimising duplication

             (5)  This section does not require:

                     (a)  more than one report to be given in relation to 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); or

                     (b)  a report to be given to the master if another provision of this Act or the regulations requires a report to be given to the master.