Power of fisheries officer to arrest persons without warrant
84 Power of fisheries officer to arrest persons without warrant
A fisheries officer may arrest a person without warrant if—
the person hinders or assaults an authorised person, a person accompanying or assisting a fisheries officer or any other person engaged in the administration or execution of this Act; or
the fisheries officer reasonably suspects that the person has committed an offence against this Act or a corresponding law and—
when required to do so under section 81—
the person failed to state truthfully his or her name or usual place of residence; or
the person failed to produce true evidence of his or her identity;
or
the fisheries officer has reasonable grounds for believing that the person would, if not arrested—
fail to attend court in answer to a summons issued in respect of the offence; or
continue the offence or repeat the offence; or
alter, destroy, conceal or fabricate evidence relating to the offence; or
intimidate, harass, threaten or interfere with a person who may provide or produce evidence of the offence.
On arresting a person under this section, the fisheries officer must immediately convey the person, or cause the person to be conveyed, to the nearest police station.
If—
a person resists arrest under this section; or
a person who is arrested under this section escapes from lawful custody, the person is guilty of an offence. Maximum penalty: Maximum penalty: $10 000 or imprisonment for 2 years.
A fisheries officer may use such reasonable force as is necessary for the effective exercise of the power conferred by subsection (1) or discharge of the duty imposed by subsection (2).
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