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s 33B

Protection from liability

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Part 4Control and enforcement
Division 2Powers of Fisheries Officers

33B Protection from liability

(1) The Director and the Territory are not liable to any person for any spoilage or deterioration in the quality of any fish or aquatic life or, subject to reasonable care being taken, any deterioration in any other thing seized under section 33(1).

(2) A Fisheries Officer who, at the time of seizure, returns to the water any fish or aquatic life seized under section 33(1) that the Officer believes to be alive, is not liable to the person from whom the fish or aquatic life was seized if:

(a) a decision is made not to charge a person with an offence in relation to which the fish or aquatic life was seized; or

(b)

a person is acquitted of the charge.

(3) Subsection (2) has effect subject to Part VIIA of the Police Administration Act 1978 to the extent it relates to the civil liability of a Fisheries Officer who is a police officer.

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