Division 3Division 3 Powers of entry, search etc of fisheries officers
248 Power to board and search boats
(1) A fisheries officer may:(a) stop and detain a boat, and(b) board and search the boat for fish, fishing gear or any record relating to the fishing activities of the boat, and(c) break open and search any hold or container on the boat that the officer has reason to believe contains fish, fishing gear or any such record.(2) A fisheries officer may require the master of a boat to assist the fisheries officer to board the boat.(3) A fisheries officer may require the master of a boat connected with a fisheries offence to take the boat to a specified place in New South Wales or at sea and to remain in control of the boat at that place until a fisheries officer allows the boat to leave the place.(4) A person who, without reasonable excuse, fails to comply with a requirement of a fisheries officer made under this section is guilty of an offence.Maximum penalty: 50 penalty units.
249 Power to require gear to be removed from water
(1) A fisheries officer may require the master of a boat to remove from the water any fishing gear that is being used by a person on board the boat.(2) A fisheries officer may require a person to remove from the water any fishing gear that is being used by the person.(3) A person who, without reasonable excuse, fails to comply with a requirement of a fisheries officer made under this section is guilty of an offence.Maximum penalty: 50 penalty units.
250 Power to enter and search premises
(1) A fisheries officer who has reason to believe that there is in any premises anything connected with a fisheries offence may:(a) enter the premises, and(b) search the premises for any such thing, and(c) break open and search any container in the premises that the officer has reason to believe contains any such thing.(2) A fisheries officer may enter any premises that the officer has reason to believe are commercial premises for the purpose of ascertaining whether a person has contravened or is contravening this Act or the regulations and may:(a) search the premises for fish, fishing gear or records relating to fishing activities or to the receipt, possession or disposal of fish, and(b) break open and search any container in the premises that the officer has reason to believe contains fish, fishing gear or any such record.(3) Entry into premises (other than a public place) under this section may only be made at a reasonable time in the daytime or at any hour when work is carried on or is usually carried on in the premises.(4) The Director-General or a fisheries officer is to give the occupier of premises reasonable notice of an intention to enter the premises under this section unless:(a) the entry is made with the consent of the occupier, or(b) the entry is made to a part of the premises open to the public, or(c) the entry is required urgently, or(d) the giving of notice would defeat the purpose for which it is intended to exercise the power of entry, or(e) the premises entered are a public place.(5) Reasonable force may be used for the purpose of gaining entry to premises under this section but only if authorised by the Director-General or in cases of emergency. The authority of the Director-General must be in writing and given in respect of the particular entry concerned.(6) The Director-General is to give written notice of the use of force to enter those premises to such persons as appear to the Director-General to be appropriate in the circumstances.(7) In this section:commercial premises means any premises occupied by the holder of a fishing authority, or by a person who should be the holder of an appropriate fishing authority, or any market or premises in which fish are sold or any other premises in which any commercial activity is conducted relating to fish.
public place has the meaning given by the Law Enforcement (Powers and Responsibilities) Act 2002.
251 Power to detain and search vehicles
(1) A fisheries officer who has reason to believe that there is in a vehicle anything connected with a fisheries offence may:(a) stop and detain the vehicle, and(b) enter and search the vehicle, and(c) break open and search any container in the vehicle that the officer has reason to believe contains any such thing.(2) A fisheries officer may require the person in control of the vehicle to take the vehicle to a specified place for the purpose of any such search if it is not reasonably practicable to carry out the search where the vehicle is stopped. A person who does not comply with any such requirement is guilty of an offence.Maximum penalty: 50 penalty units.
252 Entry into waters, and along banks etc
A fisheries officer may, at any time, enter into and pass along (with a boat or otherwise) any waters or the banks or borders of any waters or within a reasonable distance of high water mark on land adjoining any waters.
253 Entry into and examination of aquaculture farms
A fisheries officer may, at any time of the day, enter any area the subject of an aquaculture permit and examine the area and the aquaculture undertaken in the area.
254 Entry into residential premises
This Part does not authorise entry into any part of premises that is being used for residential purposes except with the consent of the occupier or under the authority of a search warrant.
255 Power to examine fishing gear or other equipment
A fisheries officer may examine any fishing gear or other equipment that the officer finds anywhere if the officer has reason to believe that the gear or equipment is being, has been or will be used for fishing in waters to which this Act applies.
256 Production of records relating to commercial fishing activities and fish receivers
(1) A fisheries officer may, either orally or by notice in writing, require a person:(a) to produce, immediately or within a specified period and at a specified place, records under the control of the person relating to:(i) commercial fishing activities, or(ii) the receipt, possession or disposal of fish in connection with carrying on a business, or(iii) financial transactions of a specified person whom the officer has reason to believe is engaged in commercial fishing activities or has received, possessed or disposed of fish in the course of carrying on a business, and(b) if any such records are not in the English language—to produce, within a specified period and at a specified place, a statement in writing in the English language setting out particulars of those records, and(c) to answer, immediately or within a specified period, any question that the person is able to answer relating to:(i) any such records under the person’s control, or(ii) any activity, business or financial transaction referred to in paragraph (a), or(iii) any statement produced in accordance with paragraph (b).(2) A fisheries officer may:(a) make copies of any records or statements produced in accordance with this section, and(b) for the purpose of making copies of those records or statements, take away and retain them for such period as may be reasonably necessary, and(c) if the officer has reason to believe that those records or statements are evidence of an offence against this Act or the regulations, take away and retain them until proceedings for the offence have been heard and determined.(3) Before taking away records or statements, a fisheries officer must tender a receipt to the person from whose custody they are taken. The fisheries officer must give that person access to the documents during ordinary business hours.(4) A person who fails to comply with a requirement of a fisheries officer made under this section is guilty of an offence.Maximum penalty: In the case of a corporation, 1,000 penalty units or, in any other case, 200 penalty units.
257 Power to require production of fishing authority
(1) A fisheries officer may require a person whom the officer has reason to believe is or has been engaged, or is about to engage, in any fishing activity to produce for inspection by the officer the appropriate fishing authority for such an activity.(2) A fisheries officer may seize any fishing authority that has been cancelled or otherwise ceased to have effect or that the officer has reason to believe is false.(3) A fisheries officer may allow a person who is required under this section to produce a fishing authority to produce the authority within a period and at a place specified by the officer. If the authority is so produced, the person is taken to have complied with the requirement.(4) A person who, without reasonable excuse, fails to comply with a requirement of a fisheries officer made under this section is guilty of an offence.Maximum penalty: 25 penalty units.
(5) In this section, fishing authority includes, in the case of any fishing activity for which a person is required to pay a recreational fishing fee, an official receipt for the fee under Division 4A of Part 2.
258 Power to require information
(1) A fisheries officer may:(a) require the master of a licensed fishing boat, or any boat connected with a fisheries offence, to provide information concerning the boat or its crew, and(b) require a person whom the officer finds on board any such boat or in any premises or vehicle entered under this Part:(i) to state the person’s name and address, and(ii) to provide information concerning any fish, fishing gear or fishing records found on the boat, premises or vehicle that the person is able to provide, and(c) require a person whom the officer has reason to believe is engaged in commercial fishing activities or is committing, has committed or is about to commit a fisheries offence to state the person’s name and address.(2) A person who, without reasonable excuse, fails to comply with a requirement of a fisheries officer made under this section is guilty of an offence.Maximum penalty: 50 penalty units.
(3) A person fails to comply with a requirement to provide information (including a requirement to state a name and address) made by a fisheries officer under this section if the person fails to provide that information immediately or within such period as the fisheries officer may allow.
258A Special power to require information—Parts 7 and 7A
(1) A fisheries officer may require any person whom the fisheries officer suspects on reasonable grounds to have knowledge of matters in respect of which information is reasonably required for the purposes of Part 7 or 7A to answer questions in relation to those matters.(2) A fisheries officer may, by notice in writing, require a corporation to nominate, in writing within the time specified in the notice, a director or officer of the corporation to be the corporation’s representative for the purpose of answering questions under this section.(3) Answers given by a person nominated under subsection (2) bind the corporation.(4) A fisheries officer may, by notice in writing, require a person to attend at a specified place and time to answer questions under this section if attendance at that place is reasonably required in order that the questions can be properly put and answered.(5) The place and time at which a person may be required to attend under subsection (4) is to be:(a) a place and time nominated by the person, or(b) if a place or time nominated is not reasonable in the circumstances or a place or time is not nominated by the person, a place and time nominated by the fisheries officer that is reasonable in the circumstances.(6) A person who, without reasonable excuse, fails to comply with a requirement of a fisheries officer made under this section is guilty of an offence.Maximum penalty: In the case of a corporation, 1,000 penalty units or, in any other case, 200 penalty units.
258B Provisions relating to requirements to provide information or answer questions
(1) Warning to be given on each occasion
A person is not guilty of an offence of failing to comply with an information requirement unless the person was warned on that occasion that a failure to comply is an offence.(2) Self-incrimination not an excuse
A person is not excused from an information requirement on the ground that the record, information or answer might incriminate the person or make the person liable to a penalty.(3) Information or answer not admissible if objection made
However, any information furnished or answer given by a natural person in compliance with an information requirement is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under section 258, 258A or 259) if:(a) the person objected at the time to doing so on the ground that it might incriminate the person, or(b) the person was not warned on that occasion that the person may object to furnishing the information or giving the answer on the ground that it might incriminate the person.(4) Records admissible
Any record furnished by a person in compliance with an information requirement is not inadmissible in evidence against the person in criminal proceedings on the ground that the record might incriminate the person.(5) Further information
Further information obtained as a result of a record or information furnished or of an answer given in compliance with an information requirement is not inadmissible on the ground:(a) that the record or information had to be furnished or the answer had to be given, or(b) that the record or information furnished or answer given might incriminate the person.(6) For the purposes of this section, an information requirement is a requirement made by a fisheries officer under section 258 or 258A.
(1) A person who, in connection with a requirement under this Part, makes any statement, provides any information or produces any document that the person knows is false or misleading in a material particular is guilty of an offence.Maximum penalty: 200 penalty units or imprisonment for 3 months, or both.
(2) A person is not guilty of an offence against this section in respect of a document if the person informs a fisheries officer when the document is produced that it is false or misleading in a material particular.
(1) A fisheries officer may apply to an authorised officer for a search warrant if the officer has reason to believe that there is or, within 72 hours, will be in or on any premises, boat or vehicle anything connected with a fisheries offence.(2) An authorised officer to whom an application has been made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising a fisheries officer named in the warrant:(a) to enter or board the premises, boat or vehicle, and(b) to exercise the powers, or any specified powers, of the fisheries officer under this Part.(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.(4) This section does not require a fisheries officer to obtain a search warrant in order to exercise the officer’s powers under this Part.(5) In this section:authorised officer has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.
(1) A fisheries officer may exercise with respect to a person or boat at a place at sea outside the waters to which this Act applies (but not within the territorial sea of another country) a power conferred on a fisheries officer by this Part if:(a) one or more fisheries officers (whether or not including the officer exercising the power) have pursued the person or boat from a place within those waters to the place, and(b) the pursuit was not stopped or interrupted at any time before the officer concerned arrived at the place for the purpose of exercising the power.(2) For the purposes of this section, a pursuit of a person or boat is taken not to have stopped or to have been interrupted only because the fisheries officer or officers concerned have temporarily lost sight of the person or boat.(3) A reference in this section to having lost sight of a person or boat includes losing output from a radar or other sensing device.(4) Nothing in this section limits the application of this Act as provided by section 7.
A fisheries officer may, without warrant, arrest a person whom the officer:(a) finds committing a fisheries offence, or(b) has reason to believe has committed a fisheries offence.
In the exercise of a function under this Part, a fisheries officer is to do as little damage as possible.