Fisheries Act 1994

An official observer has the function of monitoring, for the administration and enforcement of this Act, commercial fishing activities carried out in a boat under an authority that is subject to an observation condition.

An official observer may exercise powers under this division for the purpose of the function mentioned in subsection (1).

An official observer may do anything necessary to perform the observer’s function mentioned in subsection (1), including, for example—

obtain, record and give the chief executive information about the commercial fishing activities; and

have access to any part of the boat or any thing in the boat as may be necessary to exercise the observer’s powers; and

make a requirement of the holder of, or another person acting under, the authority to give the observer reasonable help to exercise a power, including, for example, to produce a document or give information.

The powers of an official observer may be limited—

under a regulation; or

under a condition of appointment; or

by written notice of the chief executive given to the observer.

An official observer must, when performing the function or exercising a power of an official observer in a boat, have regard to the nature of the commercial fishing activities being carried out in the boat.

If a person who is an official observer is also an inspector, this division applies in relation to the person in addition to part 8 and does not limit or otherwise affect the person’s performance of the functions or exercise of the powers of an inspector under this Act.