Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The office of
wildlife officer is prescribed to be a public officer for the purposes of the
Criminal Investigation (Identifying People) Act 2002 and as such may
exercise the powers in Part 3 of that Act.
(2) A wildlife officer
who finds a person committing an offence against this Act or who on reasonable
grounds suspects that an offence against this Act has been committed or is
about to be committed may, without warrant other than the provisions of this
section —
(a) take
possession and control of —
(i)
any weapon, instrument, illegal device or other thing or
means which the wildlife officer, on reasonable grounds, believes has been
used, is being used, or is about to be used, by the offender in the commission
of the offence;
(ii)
any fauna or flora which the wildlife officer on
reasonable grounds believes to be involved in the commission of the offence,
and deliver any
firearms into the custody of a member of the Police Force, detaining or
delivering to any person appointed in writing by the Minister for the purpose
any fauna or flora or other thing so taken to be dealt with according to law
but if the wildlife officer is of opinion that it is impracticable to detain
or deliver up any fauna because of the number thereof, the lack of food or
water for the fauna, the distance to be travelled or any like cause, the
wildlife officer may turn at large the fauna;
(b)
stop, detain and search any vehicle, vessel or conveyance or enter upon and
search any land not being a dwelling house or enter and search any hut, tent,
caravan or other erection, which is not a permanent residence, or enter and
search any shop, warehouse, factory, bond store office or any other premises
of whatever description or enter into or upon and search any lake, river,
pond, lagoon or other water whether natural or artificially constructed in
which the wildlife officer, on reasonable grounds, suspects there is any fauna
or flora taken, or any weapon, instrument, illegal device or other thing or
means used or about to be used, in the commission of an offence against this
Act, and to seize the fauna or flora, weapon, instrument, illegal device or
other thing or means found and deliver any firearm into the custody of a
member of the Police Force, detaining or delivering to any person appointed in
writing by the Minister for the purpose any fauna or flora or other thing so
seized to be dealt with according to law.
(2a) Where a wildlife
officer pursuant to paragraph (b) of
subsection (2) —
(a) has
searched a vehicle; and
(b) has
found therein and seized fauna or flora which, on reasonable grounds, he
believes to be involved in the commission of an offence against this Act,
and there is then no
sufficient means of transport available to the wildlife officer for the
purpose of delivering the fauna or flora to a suitable place of detention or
to a person appointed by the Minister, as required by that paragraph, the
wildlife officer may direct the person apparently in charge thereof to drive
the vehicle, together with the fauna or flora, to the nearest police station
as the wildlife officer for the purpose directs.
(2b) A person to whom
a direction is given under subsection (2a) shall comply with the
direction.
Penalty: $2 000.
(3A) If it appears to
a justice of the peace on an application supported by evidence on oath that
there are reasonable grounds for suspecting that there is in any of the
premises excepted under subsection (2)(b) —
(a)
anything with respect to which an offence has been or is suspected, on
reasonable grounds, to have been committed; or
(b) anything as to which there are
reasonable grounds for believing that it will afford evidence as to the
commission of an offence; or
(c)
anything as to which there are reasonable grounds for believing that it is
intended to be used for the purpose of committing an offence,
he may issue his
warrant directing the wildlife officer named therein, or all wildlife
officers, to search the premises and to seize the thing found and to take it
before a justice to be dealt with according to law.
(3B) The warrant is to
be executed by day, unless the justice of the peace, by the warrant, has
authorised it to be executed by night, in which case it may be so executed.
(3C) Where a wildlife
officer enters upon or searches the enclosed garden or curtilage of a dwelling
house the owner or occupier of that dwelling house may apply to the
Magistrates Court for a review of the exercise of that power on the grounds
there were no reasonable grounds for its exercise and the court shall inquire
into the matter and make its findings known to the applicant and to the
Minister.
(4) This Act does not
prevent section 428 of The Criminal Code operating in respect of fauna
or flora reasonably suspected of having been taken otherwise than as
authorised by or pursuant to the provisions of this Act.
(5) As regards a
wildlife officer who is a member of the Police Force, the provisions of this
Act relating to wildlife officers are not in derogation of but are in addition
to those of other Acts relating to members of the Police Force.
(6) In
subsections (2) and (2a) and section 20A(1) —
fauna means any animal and includes in relation to
any animal the carcass, skin, plumage or fur.
[Section 20 amended by No. 38 of 1954
s. 11; No. 45 of 1967 s. 24; No. 99 of 1969 s. 13;
No. 67 of 1975 s. 23; No. 86 of 1976 s. 9; No. 58 of
1985 s. 6; No. 57 of 1997 s. 132(9), (10) and (22); No. 6
of 2002 Sch. 2 cl. 7; No. 70 of 2004 s. 82; No. 84 of 2004 s. 80;
No. 19 of 2010 s. 51.]