Pearling Act 1990

An inspector may, for the purposes of this Act —

stop or detain any boat, vehicle or aircraft;

board any boat and enter any vehicle, aircraft or place and inspect and search that boat, vehicle, aircraft or place;

when boarding a boat or entering a vehicle, aircraft or place, bring such equipment and materials as are appropriate;

direct any person to produce for inspection any farm lease, licence or permit which should, in the opinion of the inspector, be held by that person;

conduct such examination and inquiry as are necessary to ascertain whether or not there has been compliance with this Act or any condition imposed under this Act;

require any person to state his or her name and principal place of residence;

seize any pearl oyster, pearl oyster spat or equipment associated with pearling or hatchery activities or any other thing which the inspector has reason to believe —

is, or is intended to be, used in or in relation to a contravention of this Act or any condition imposed under this Act; or

was taken in contravention of this Act or any condition imposed under this Act;

take photographs and measurements, and make sketches and recordings;

require the production of, examine, and remove for the purpose of taking copies or extracts from or production in evidence, any records;

require that any boat, vehicle, aircraft or place be left undisturbed for as long as is specified in that requirement by writing served on the master or person in apparent control of the boat or on the manager or person in apparent control of the vehicle, aircraft or place, as the case requires;

require the owner, manager, master or person in apparent control of a boat, vehicle, aircraft or place by writing served on that owner, manager, master or person to render such assistance to the inspector as the inspector considers necessary;

direct and, if necessary, escort into any port a boat that the inspector believes is being used in contravention of this Act, or of any condition imposed under this Act, and direct that the boat be held until either —

any court dealing with a charge of an offence under this Act arising out of the use of the boat otherwise directs; or

if no charge of an offence under this Act arising out of the use of the boat has been brought within the period of 3 days after the boat has arrived at the port, the expiry of that period;

in relation to a pearl boat, direct —

the holder of the relevant pearl boat licence; or

the master of the pearl boat; or

the person in apparent control of the pearl boat,

or any 2 or all 3 of them by writing served on him, her or them not to proceed to sea unless accompanied by an inspector;

in relation to a boat other than a pearl boat, direct the person in apparent control of that boat by writing served on that person not to proceed to sea unless accompanied by an inspector;

exercise such other powers as are necessary for the purposes of this Act.

If, in the case of —

a requirement under subsection (1)(j), there appears to the inspector making the requirement to be no master or person in apparent control of the relevant boat or manager or person in apparent control of the relevant vehicle, aircraft or place, that inspector may, instead of effecting the service referred to in that subsection, affix to that boat, vehicle or aircraft or in that place in a conspicuous position a notice setting out the requirement; or

a direction under —

subsection (1)(m) in respect of a pearl boat, there appears to the inspector giving the direction to be no immediate prospect of locating the holder of the relevant pearl boat licence or to be no master or person in apparent control of the pearl boat, as the case requires, that inspector may, instead of effecting the service referred to in that subsection, affix to the pearl boat; or

subsection (1)(n) in respect of a boat other than a pearl boat, there appears to the inspector giving the direction to be no person in apparent control of that boat, that inspector may, instead of effecting the service referred to in that subsection, affix to that boat,

in a conspicuous position a notice setting out the direction.

An inspector may arrest without warrant a person who the inspector has reason to believe has committed an offence against this Act if the inspector has reason to believe —

that such an arrest is necessary to prevent that offence from continuing; or

that any other procedure for dealing with that offence would not be effective.

37. Inspector may require master of pearl boat etc. to transport inspector etc.

An inspector may for the purposes of this Act require, in writing, that the holder of the pearl boat licence issued in respect of, or the master or person in apparent control of, a pearl boat, or the person in apparent control of a boat used for pearling or hatchery activities on a pearl oyster farm, as the case requires, transport the inspector on that pearl boat or boat to another boat or to a place or places nominated by the inspector.

Where an inspector is transported on a boat in compliance with a requirement made under subsection (1), the master or person in apparent control of the boat shall provide food and accommodation for the inspector and shall allow the inspector to use any equipment on the boat, including equipment for communicating and navigating, and where the inspector so requires shall —

carry on board the boat any equipment, fuel or stores; and

tow any smaller boat.

The holder of a pearl boat licence in respect of, or master or person in apparent control of, a boat used in compliance with a requirement made under subsection (1) may apply to the CEO for reimbursement of any costs incurred in that use and the CEO shall decide the amount, if any, that is to be paid to that holder, master or person and that amount shall be paid to that holder, master or person and charged to the Fisheries Research and Development Account.

A decision of the CEO made under subsection (3) is final and binding.

[Section 37 amended: No. 49 of 1996 s. 64; No. 28 of 2006 s. 241; No. 77 of 2006 Sch. 1 cl. 120(4).]