Fisheries Management Act 2007

If a fisheries officer reasonably suspects that a person has on or about his or her body evidence of a prescribed offence, the fisheries officer may search the person.

In searching a person under this section, a fisheries officer—

may run his or her hands over the person's outer clothing; and

may require the person to remove a coat, jacket, hat or shoes the person is wearing, and may run his or her hands over the person's remaining outer clothing; and

if the fisheries officer sees or detects any thing that he or she reasonably suspects is, or contains, evidence of a prescribed offence, may require the person to surrender that item for inspection; and

may use reasonable force to remove an item from a person if the person does not comply with a requirement to remove or surrender the item under paragraph (b) or (c); and

may inspect an item that a person has removed or surrendered, or that has been removed from a person; and

must conduct the search in a manner that affords, to the extent that the circumstances of the search permit, reasonable privacy to the person being searched; and

must conduct the search as quickly as is reasonably practicable in the circumstances of the search.

A search must be conducted by a person of the same sex as the person being searched unless it is not reasonable or practicable to do so in the circumstances of the search.

A fisheries officer who conducts a search under this section must, as soon as possible after completing the search, make a written record of the search setting out—

the grounds on which the search was conducted; and

the time and place of the search; and

the name of the person who conducted the search; and

the name of the person who was searched; and

the results of the search.

In this section—