Authorised officer may demand name etc.
38 Authorised officer may demand name etc.
No. 8083 s. 24.
S. 38 amended by No. 40/2002 s. 9 (ILA s. 39B(1)).
S. 38(1) amended by No. 19/2018 s. 211(1).
An authorised officer may—
S. 38(1)(a) amended by No. 19/2018 s. 211(2).
if the authorised officer believes on reasonable grounds that a person has contravened or is contravening this Act or the regulations, request the person to state the person's name and address;
S. 38(1)(b) amended by Nos 9114 s. 17(a), 19/2018 s. 211(3).
if the authorised officer believes on reasonable grounds that a person in a park is contravening this Act or the regulations, request the person to leave the park;
S. 38(1)(c) amended by Nos 9114 s. 17(b), 19/2018 s. 211(4).
if the authorised officer believes on reasonable grounds that a person in a park is doing or intends to do anything in respect of which a licence permit or other authority is required under this or any other Act or enactment, request that person to produce for inspection the licence, permit or other authority; and
S. 38(1)(d) inserted by No. 9114 s. 17(c), amended by Nos 10166 s. 17(3)(a)(b), 57/1995 s. 11, 19/2018 s. 211(4).
if the authorised officer is carrying out any functions referred to in subsection (2) or (3) of section 37A and believes on reasonable grounds that a person passing a sign or structure erected pursuant to that section intends to do in the park which is adjacent to or entered from the road anything for which a licence permit or other authority is required under this or any other Act or enactment, request the person to produce for inspection the licence permit or authority; and
S. 38(1)(e) inserted by No. 57/1995 s. 11, amended by No. 19/2018 s. 211(5).
if the authorised officer believes on reasonable grounds that a person in a park is acting in a manner which has damaged or polluted or poses a threat of damaging or polluting a designated water supply catchment area, direct that person to stop so acting and to rectify any damage the person has caused.
S. 38(2) inserted by No. 40/2002 s. 9.
An authorised officer may direct any person who is in a marine national park or a marine sanctuary to cease engaging in an activity in the park, if, in the opinion of the authorised officer, the activity in which the person is engaging contravenes this Act, regulations made under this Act or a permit issued under this Act.
This provision refers to the regulations (the regulations
). Made under this Act:
- National Parks (Cape Otway Lightstation Precinct Fee) Regulations 2025 · under section 48
- National Parks Regulations 2024 · under sections 32AA, 37 and 48
This Act’s bill:Second reading speech
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