Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A fisheries
officer may, for the purposes of this Act —
(a)
signal or direct the person in control of a boat or vehicle —
(i)
to stop the boat or vehicle; or
(ii)
not to move the boat or vehicle;
(b)
board a boat and enter and search a boat or vehicle;
(c)
signal or direct the person in control of a train or an aircraft not to move
the train or aircraft;
(d)
enter and search a train or an aircraft;
(e) at
any time enter into and pass along (whether by boat or otherwise) any waters
or the banks or borders of any waters;
(f)
require any person to open or unlock any vehicle, boat, door, gate, hold,
compartment, cupboard, drawer, chest, trunk, box, package or other receptacle
or container;
(g)
break open and search any hold, compartment, cupboard, chest, trunk, box,
package or other receptacle or container —
(i)
in connection with the search or inspection of any place
under this Part; or
(ii)
in any other case, if the fisheries officer has
reasonable grounds to suspect that it contains fish or anything that may
afford evidence of the commission of an offence against this Act;
(h)
require a person to produce to the fisheries officer for inspection all things
in the person’s actual possession if the fisheries officer has
reasonable grounds to suspect that any of the things may afford evidence of
the commission of an offence against this Act;
(i)
require a person to produce to the fisheries officer for
inspection —
(i)
any record that is required to be kept by the person
under this Act; or
(ii)
any document held by the person that relates to the sale
or purchase of fish;
(j)
examine any record or document, and remove the record or document for the
purpose of taking extracts from, or making copies of, that record or document;
(k) take
extracts from, or make copies of, any record or document;
(l) take
photographs and measurements, and make sketches and recordings;
(m)
examine any fish and any container in which fish are kept;
(n)
count, measure, weigh or grade any fish;
(o) take
samples of any fish and any medium in which fish are kept;
(p)
require a person to haul, pull, draw, or reel in, or otherwise recover or
bring onto land, any fishing or aquaculture gear or gear or equipment used for
aquatic eco-tourism;
(q)
direct any person who has any fish, or any fishing gear, in the person’s
possession to wait at a place indicated by the fisheries officer until the
fisheries officer is able to inspect the fish or the fishing gear;
(r)
inspect any —
(i)
fishing or aquaculture gear; or
(ii)
gear or equipment used for or in connection with fish
processing, fishing tours or aquatic eco-tourism;
(s) by
notice in writing served on the master of a boat or the owner or person in
apparent control of a vehicle or aircraft or the owner or occupier of any land
or premises, require the boat, vehicle, aircraft, land or premises to be
secured against interference for a specified period;
(t)
require the master of any boat which the fisheries officer has reasonable
grounds to suspect has been used, is being used, or is intended to be used in
contravention of this Act —
(i)
to bring the boat to a specified place; and
(ii)
not to remove the boat from that place until further
directed by a fisheries officer;
(u) by
notice in writing require the master of any boat or the person in control of
any vehicle to deliver any fish, fishing or aquaculture gear or gear or
equipment used for fishing tours or aquatic eco-tourism to a specified place;
(v)
by notice in writing served on the master of any boat
require a fisheries officer to be carried on the boat and direct that the boat
not proceed to sea unless a fisheries officer is on board the boat;
(w)
conduct such examination and inquiry as the fisheries officer considers
necessary to ascertain whether or not this Act or any condition imposed
under this Act has been complied with.
(2) A fisheries
officer may only exercise a power referred to in subsection (1)(c) or (d)
in respect of a train or aircraft if the fisheries officer has reasonable
grounds to suspect that —
(a) an
offence against this Act has been, is being or is about to be committed
in or on the train or aircraft; or
(b)
there is in or on the train or aircraft anything that may afford evidence of
the commission of an offence against this Act.
(3) A boat, vehicle,
train or aircraft may only be detained under subsection (1)(a)(ii),
(1)(c) or (1)(t) for such period as is reasonably necessary for the purposes
of this Act.
(4) A person may only
be detained under subsection (1)(q) for such period as is reasonably
necessary for the purposes of this Act.
(5) A person must not,
without reasonable excuse, refuse or fail to comply with a requirement made,
or a signal or direction given, under subsection (1).
Penalty: In the case of an individual,
$10 000 or, in the case of a body corporate, $20 000.
(6) For the purposes
of subsection (5), it is a reasonable excuse for a person to refuse or
fail to comply with a signal or direction given under subsection (1)(a)
if —
(a) the
person reasonably believes that to obey the signal or direction immediately
would endanger the person, another person or the boat or vehicle; and
(b) the
person complies with the signal or direction as soon as it is practicable to
obey it.
[Section 191 amended by No. 41 of 2000
s. 7; No. 43 of 2011 s. 58.]