Fisheries Act 1994

This section applies if an official observer on board a relevant boat under section 76ZP is or becomes unable to perform the observer’s function or exercise the observer’s powers under this division.

The official observer—

must notify the chief executive of the matter mentioned in subsection (1); and

may ask the holder of, or another person acting under, the authority to allow the observer to leave the relevant boat.

If the official observer makes a request under subsection (2)(b), the holder of, or other person acting under, the authority must take all reasonable steps to help the official observer to leave the relevant boat.

The chief executive may give the holder of, or another person acting under, the authority a written notice stating that the official observer (the original observer) is to be replaced with another official observer (the replacement observer) for the remainder of the observation period.

If the chief executive gives a notice under subsection (4), the holder of, or other person acting under, the authority must take all reasonable steps to help with the replacement of the original observer with the replacement observer.

Subsections (4) and (5) apply even if the original observer leaves the relevant boat before the notice is given under subsection (4) or the replacement of the original observer is required to happen under subsection (5).