Fisheries Act 1994

An inspector who enters a place, boards a boat or enters a vehicle under this Act may—

search any part of the place, boat or vehicle; or

examine, inspect, test, photograph or film anything in the place, boat or vehicle; or

mark or seal a container or other thing in the place, boat or vehicle; or

open a container if the inspector considers it is necessary for exercising a power; or

take samples of or from anything in the place, boat or vehicle; or

take extracts from, or make copies of, a document in the place, boat or vehicle; or

produce an image or writing from an electronic document in the place, boat or vehicle, or, to the extent that is not practicable, take either or both of the following to another place to produce an image or writing from an electronic document—

a thing containing an electronic document;

an article or device reasonably capable of producing an electronic document; or

take into or onto the place, boat or vehicle any persons, equipment and materials the inspector reasonably requires for exercising a power in relation to the place, boat or vehicle; or

require a person in the place, boat or vehicle, or the occupier of the place, to give the inspector reasonable help for the exercise of the powers mentioned in paragraphs (a) to (h); or

if the inspector boards a boat or enters a vehicle—by written notice given to the person in control of the boat or vehicle, require the person—

to take the boat or vehicle to a stated reasonable place by a stated reasonable time; and

if necessary, to remain in control of the boat or vehicle in the place for a reasonable time;

if the inspector boards a boat or enters a vehicle—require the person in control of boat or vehicle to accompany the inspector to enable the inspector to comply with subsection (5).

If an inspector takes from the place, boat or vehicle a thing, article or device for producing an image or writing from an electronic document, the inspector must produce the image or writing from the document and return the thing, article or device to the place, boat or vehicle as soon as practicable.

If, for any reason, it is not practicable to make a requirement under subsection (1)(j) by written notice, the requirement may be made orally and confirmed by written notice as soon as practicable.

Nothing in this section prevents an inspector making a further requirement under subsection (1)(j) of the same person or another person in relation to the same boat or vehicle, if it is necessary and reasonable to make the further requirement.

The inspector must not enter a part of a boat or vehicle used only as a living area, or exercise a power under subsection (1)(a) to (h) in relation to that part, unless the inspector is accompanied by the person in control of the boat or vehicle.

Subsection (5) does not apply if the person in control of the boat or vehicle is unavailable or unwilling to accompany the inspector or the inspector is unable for another reason to comply with the subsection.