Division 1 Appointment of inspectors
(1) The Game Council may appoint as an inspector for the purposes of this Act and the regulations any of the following persons:(a) a member of staff of the Game Council,(b) a statutory officer, public servant or person employed by a public or local authority,(c) a person belonging to a class of persons prescribed by the regulations.(2) The number of inspectors appointed by the Game Council is not to exceed the number determined by the Minister.(3) The Game Council may, in and by the instrument of the inspector’s appointment, limit the functions that an inspector may exercise under this Act (including limiting the purposes for or area in which the functions may be exercised).
34 Police officers to be inspectors
(1) A police officer may exercise the functions of an inspector under this Act, and for that purpose is taken to be an inspector.(2) A police officer is not subject to the control or direction of the Game Council in the exercise of any such function.
(1) Every inspector (other than a police officer) is to be issued with an identification card as an inspector by the Game Council.(2) The identification card must:(a) state that it is issued under this Act, and(b) give the name of the person to whom it is issued, and(c) state any limitation on the inspector’s functions, and(d) state the date (if any) on which it expires, and(e) bear the signature of the chief executive officer of the Game Council.
36 Production of identification
(1) A power conferred on an inspector by this Part to enter premises, or to search or take other action on premises, may not be exercised unless the inspector proposing to exercise the power is in possession of the identification card issued to the inspector and produces the identification card if required to do so by the occupier of the premises.(2) This section does not apply to a police officer or to a power conferred by a search warrant.
37 Offence of impersonating an inspector
A person must not impersonate, or falsely represent that the person is, an inspector.Maximum penalty: 10 penalty units.
Division 2 Powers of inspectors
(1) In this Division:game hunting offence means an offence against this Act or the regulations, and includes any such offence that there are reasonable grounds for believing has been, or is to be, committed.
search includes examine or inspect.
(2) For the purposes of this Division, a thing is connected with a game hunting offence if it is:(a) a thing with respect to which the offence has been committed, or(b) a thing that will afford evidence of the commission of the offence, or(c) a thing that was used, or is intended to be used, for the purpose of committing the offence.
(1) For the purposes of this Act or the regulations, an inspector may enter any premises in which the inspector has reason to believe:(a) persons are hunting for game to which this Act applies, or(b) there is anything connected with a game hunting offence.(2) The inspector must give the occupier of the premises notice of intention to enter the premises unless:(a) the entry is made with the permission of the occupier, or(b) the entry is made to a part of the premises open to the public, or(c) the giving of notice would defeat the purpose for which the premises were entered or would unreasonably delay the inspector in a case of urgency.(3) Entry under the power conferred by this section may only be made at a reasonable time or at any hour when the inspector has reason to believe that game is being hunted on the premises. This subsection does not apply to a power conferred by a search warrant.
(1) Reasonable force may be used for the purpose of gaining entry to premises under a power conferred by this Division, but only if authorised by the Game Council in accordance with this section or in cases of emergency.(2) The authority of the Game Council:(a) must be in writing, and(b) must be given in respect of the particular entry concerned, and(c) must specify the circumstances that are required to exist before force may be used.(3) This section does not apply to a power conferred by a search warrant and does not affect section 17 of the Search Warrants Act 1985.
41 Entry to premises used for residential purposes
The powers of entry conferred by this Division are not exercisable in relation to any part of premises used only for residential purposes except:(a) with the permission of the occupier of the premises, or(b) under the authority conferred by a search warrant.
(1) An inspector may apply to an authorised justice for a search warrant if the inspector has reasonable grounds for believing that a provision of this Act or the regulations has been or is being or is about to be contravened in or about any premises.(2) An authorised justice to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising the inspector named in the warrant to enter the premises and to search the premises for evidence of a contravention of this Act or the regulations.(3) Part 3 of the Search Warrants Act 1985 applies to a search warrant issued under this section.(4) In this section, authorised justice has the same meaning as it has in the Search Warrants Act 1985.
43 General powers available on entry
For the purposes of this Act or the regulations, an inspector who enters premises under this Division may do any of the following:(a) search the premises for persons hunting for game or for anything connected with a game hunting offence,(b) require any person in or about those premises to answer questions or otherwise furnish information,(c) require the occupier of the premises to provide the inspector with such assistance and facilities as is or are reasonably necessary to enable the inspector to exercise the inspector’s functions,(d) require the production of and inspect any documents in or about those premises and take copies of or extracts from any such documents,(e) exercise all other functions that are conferred on an inspector by this Act or the regulations.
44 Power to detain and search vehicles or vessels
(1) An inspector who has reason to believe that there is in or on a vehicle or vessel anything connected with a game hunting offence may:(a) stop and detain the vehicle or vessel, and(b) enter and search the vehicle or vessel, and(c) break open and search any container in or on the vehicle or vessel that the inspector has reason to believe contains any such thing.(2) An inspector may require the person in charge of the vehicle or vessel to take the vehicle or vessel to a specified place for the purposes of searching the vehicle or vessel if it is not reasonably practicable to carry out the search where the vehicle or vessel is stopped.(3) An inspector may only exercise the power under this section of requiring a vehicle to stop if accompanied by a police officer.
(1) An inspector may seize anything that is found by the inspector in any search under this Division and that the inspector has reason to believe is connected with a game hunting offence.(2) A power conferred by this section to seize a thing includes a power to remove the thing from the place where it is found and a power to guard the thing in or on the premises or to secure the thing from interference.(3) The State, the Game Council, an inspector and any other person are not liable for any seizure under this section for which there was reasonable cause.(4) A court may order the forfeiture of a thing seized under this section in connection with an offence if the court finds a person guilty of the offence. A Local Court must not order the forfeiture of a thing unless satisfied that the value of the thing does not exceed $10,000.(5) The owner of anything seized under this section may dispute the seizure by giving notice to that effect in writing to the Game Council within 28 days after becoming aware of the seizure.(6) If the seizure of a thing is so disputed by the owner, the thing is to be returned to the owner (or the person from whom it was seized) unless:(a) proceedings have been instituted for an offence in connection with which the court may order the thing to be forfeited, or(b) proceedings have been instituted under this section for the forfeiture of the thing.(7) An inspector may institute proceedings in the Local Court for the forfeiture of a thing seized under this section and that court may order the forfeiture of the thing if satisfied it was duly seized under this section.(8) Anything that is forfeited under this section (or the proceeds of its sale) becomes the property of the State.
46 Power of inspectors to obtain information, documents and evidence
(1) An inspector may, by notice in writing served on a person, require the person to do any one or more of the following things if the inspector has reasonable grounds to believe that the person is capable of giving information, producing documents or giving evidence in relation to a possible game hunting offence:(a) to give an inspector, in writing signed by the person (or, in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the manner specified in the notice, any such information of which the person has knowledge,(b) to produce to an inspector, in accordance with the notice, any such documents.(2) A notice under this section must contain a warning that a failure to comply with the notice is an offence.(3) An inspector may inspect a document produced in response to a notice under this section and may make copies of, or take extracts from, the document.(4) An inspector may take possession, and retain possession for as long as is necessary for the purposes of this Act, of a document produced in response to a notice under this section if the person otherwise entitled to possession of the document is supplied, as soon as practicable, with a copy certified by an inspector to be a true copy.(5) A certified copy provided under subsection (4) is receivable in all courts as if it were the original.(6) Until a certified copy of a document is provided under subsection (4), the inspector who has possession of the document must, at such times and places as the inspector thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect the document and make copies of, or take extracts from, the document.
47 Power of inspector to demand name and address and to demand game hunting licence
(1) An inspector may require a person whom the inspector reasonably suspects has committed a game hunting offence to state the person’s full name and residential address.(2) The holder of a game hunting licence is required to carry the licence when engaged in hunting for animals for which the licence is required. Accordingly, an inspector may require a person whom the inspector reasonably suspects is engaged in hunting for animals for which a game licence is required to produce the licence to the inspector for inspection.(3) A person does not commit an offence under section 50 in respect of a requirement made under this section if:(a) the inspector does not, at the time when the inspector makes the requirement, show the person the inspector’s identification card, or(b) the inspector does not, at the time when the inspector makes the requirement, warn the person that it would be an offence not to comply with the requirement.
48 Protection from incrimination
(1) Self-incrimination not an excuse
A person is not excused from a requirement under this Division to make a statement, to give or furnish information, to answer a question or to produce a document on the ground that the statement, information, answer or document might incriminate the person or make the person liable to a penalty.(2) Statement, information or answer not admissible if objection made
However, any statement made or any information or answer given or furnished by a natural person in compliance with a requirement under this Division is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under this Division) 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 making the statement or giving or furnishing the information or answer on the ground that it might incriminate the person.(3) Documents admissible
Any document produced by a person in compliance with a requirement under this Division is not inadmissible in evidence against the person in criminal proceedings on the ground that the document might incriminate the person.(4) Further information
Further information obtained as a result of a document produced, a statement made or information or answer given or furnished in compliance with a requirement under this Division is not inadmissible on the ground:(a) that the document, statement, information or answer had to be produced, made, given or furnished, or(b) that the document, statement, information or answer might incriminate the person.
49 Inspector may request assistance
(1) A police officer may accompany and take all reasonable steps to assist an inspector in the exercise of the inspector’s functions under this Division:(a) in executing a search warrant issued under section 42, or(b) if the inspector reasonably believes that he or she may be obstructed in the exercise of those functions.(2) Any person whom an inspector believes to be capable of providing assistance in the exercise of the inspector’s functions under this Division may accompany the inspector and take all reasonable steps to assist the inspector in the exercise of the inspector’s functions.(3) Nothing in subsection (1) is to be taken to limit the generality of section 18 of the Search Warrants Act 1985.
A person must not:(a) without reasonable excuse, refuse or fail to comply with a requirement made or to answer a question of an inspector asked in accordance with this Division, or(b) in purported compliance with a requirement under this Division, or in answer to a question of an inspector asked in accordance with this Division, give or furnish information or evidence or produce a document knowing it to be false or misleading in a material particular, or(c) obstruct, hinder or impede an inspector in the exercise of the inspector’s functions under this Act.Maximum penalty: 50 penalty units.
In the exercise of a function under this Division, an inspector must do as little damage as possible.
The Game Council must pay compensation for any loss or damage caused by any inspector in the exercise of any power to enter premises under this Division, but not if that loss or damage is caused because the occupier obstructed, hindered or restricted the inspector in the exercise of the power of entry.