❓ This WA parliamentary question concerns the powers of entry onto private property by government officials, specifically regarding agriculture, forestry, and fisheries. The response details the various Acts that grant these powers, highlighting inconsistencies and planned reforms.
AnsweredQoN 2045Legislative Assembly
Asked
17 September 2003
Member
Portfolio
Agriculture, Forestry and Fisheries; the Midwest, Wheatbelt and Great Southern
QuestionView source ↗
(b) without a warrant?
AnswerView source ↗
Answered
4 December 2003
Responded by
Parliamentary Secretary to the Minister for Agriculture, Forestry and Fisheries; the Midwest, Wheatbelt and Great Southern
Response time
78 days
(b) other private property?
Forest Products Commission (1) Part 9 of the Forest Products Act 2000 provides that any place may be entered with a warrant, but that a warrant is not required if the place is on public land or is a sawmill. (2) The Forest Products Act provides in Section 63(2) that an authorized person may enter in order to search for and seize any forest products - (a) which have been harvested under a production contract and are still subject to that contract; or (b) which are being sold under a production contract but for which payment has not yet been received. (3) There is no difference. Department of Agriculture At present there are 20 separate statutes in Agriculture that provide powers of entry under a range of processes and provisions which is unacceptable. This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(1) Part 9 of the Forest Products Act 2000 provides that any place may be entered with a warrant, but that a warrant is not required if the place is on public land or is a sawmill. (2) The Forest Products Act provides in Section 63(2) that an authorized person may enter in order to search for and seize any forest products - (a) which have been harvested under a production contract and are still subject to that contract; or (b) which are being sold under a production contract but for which payment has not yet been received. (3) There is no difference. Department of Agriculture At present there are 20 separate statutes in Agriculture that provide powers of entry under a range of processes and provisions which is unacceptable. This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(2) The Forest Products Act provides in Section 63(2) that an authorized person may enter in order to search for and seize any forest products - (a) which have been harvested under a production contract and are still subject to that contract; or (b) which are being sold under a production contract but for which payment has not yet been received. (3) There is no difference. Department of Agriculture At present there are 20 separate statutes in Agriculture that provide powers of entry under a range of processes and provisions which is unacceptable. This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(a) which have been harvested under a production contract and are still subject to that contract; or (b) which are being sold under a production contract but for which payment has not yet been received. (3) There is no difference. Department of Agriculture At present there are 20 separate statutes in Agriculture that provide powers of entry under a range of processes and provisions which is unacceptable. This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(b) which are being sold under a production contract but for which payment has not yet been received. (3) There is no difference. Department of Agriculture At present there are 20 separate statutes in Agriculture that provide powers of entry under a range of processes and provisions which is unacceptable. This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(3) There is no difference. Department of Agriculture At present there are 20 separate statutes in Agriculture that provide powers of entry under a range of processes and provisions which is unacceptable. This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
Department of Agriculture At present there are 20 separate statutes in Agriculture that provide powers of entry under a range of processes and provisions which is unacceptable. This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
Department of Agriculture At present there are 20 separate statutes in Agriculture that provide powers of entry under a range of processes and provisions which is unacceptable. This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
At present there are 20 separate statutes in Agriculture that provide powers of entry under a range of processes and provisions which is unacceptable. This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
.Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(2) Not applicable (3) (a) - (b) Not applicable
(3) (a) - (b) Not applicable
Forest Products Commission (1) Part 9 of the Forest Products Act 2000 provides that any place may be entered with a warrant, but that a warrant is not required if the place is on public land or is a sawmill. (2) The Forest Products Act provides in Section 63(2) that an authorized person may enter in order to search for and seize any forest products - (a) which have been harvested under a production contract and are still subject to that contract; or (b) which are being sold under a production contract but for which payment has not yet been received. (3) There is no difference. Department of Agriculture At present there are 20 separate statutes in Agriculture that provide powers of entry under a range of processes and provisions which is unacceptable. This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(1) Part 9 of the Forest Products Act 2000 provides that any place may be entered with a warrant, but that a warrant is not required if the place is on public land or is a sawmill. (2) The Forest Products Act provides in Section 63(2) that an authorized person may enter in order to search for and seize any forest products - (a) which have been harvested under a production contract and are still subject to that contract; or (b) which are being sold under a production contract but for which payment has not yet been received. (3) There is no difference. Department of Agriculture At present there are 20 separate statutes in Agriculture that provide powers of entry under a range of processes and provisions which is unacceptable. This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(2) The Forest Products Act provides in Section 63(2) that an authorized person may enter in order to search for and seize any forest products - (a) which have been harvested under a production contract and are still subject to that contract; or (b) which are being sold under a production contract but for which payment has not yet been received. (3) There is no difference. Department of Agriculture At present there are 20 separate statutes in Agriculture that provide powers of entry under a range of processes and provisions which is unacceptable. This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(a) which have been harvested under a production contract and are still subject to that contract; or (b) which are being sold under a production contract but for which payment has not yet been received. (3) There is no difference. Department of Agriculture At present there are 20 separate statutes in Agriculture that provide powers of entry under a range of processes and provisions which is unacceptable. This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(b) which are being sold under a production contract but for which payment has not yet been received. (3) There is no difference. Department of Agriculture At present there are 20 separate statutes in Agriculture that provide powers of entry under a range of processes and provisions which is unacceptable. This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(3) There is no difference. Department of Agriculture At present there are 20 separate statutes in Agriculture that provide powers of entry under a range of processes and provisions which is unacceptable. This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
Department of Agriculture At present there are 20 separate statutes in Agriculture that provide powers of entry under a range of processes and provisions which is unacceptable. This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
Department of Agriculture At present there are 20 separate statutes in Agriculture that provide powers of entry under a range of processes and provisions which is unacceptable. This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
At present there are 20 separate statutes in Agriculture that provide powers of entry under a range of processes and provisions which is unacceptable. This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
This situation will be remedied under the Agricultural Management Bill which is currently being drafted and will be introduced to Parliament in 2004. This will, amongst other things, establish a consistent framework for entry by officers to private property. (1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(1)(a)-(b): The two statutes that provide for entry to private property only by authority of a warrant are: · Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Fertilizers Act 1977 · Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Veterinary Surgeons Act 1960 The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
The statutes that make provision for entry to private property without a warrant and in some cases also have provision for entry with a warrant (under certain circumstances) are: · Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Agriculture and Related Resources Protection Act 1976 · Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Agricultural Products Act 1929 · Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Argentine Ant Act 1968 · Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Agricultural and Veterinary Chemicals (Western Australia) Act 1995 · Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Aerial Spraying Control Act 1966 · Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Agricultural Produce (Chemical Residues) Act 1983 · Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Artificial Breeding of Stock Act 1965 · Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Beekeepers Act 1963 · Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Cattle Industry Compensation Act 1965 · Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Exotic Diseases of Animals Act 1993 · Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Plant Diseases Act 1914 · Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Poultry Industry (Trust Fund) Act 1948 · Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Seeds Act 1981 · Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Soil and Land Conservation Act 1945 · Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Stock (Identification and Movement) Act 1970 · Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Stock Diseases (Regulations) Act 1968 · Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
· Veterinary Preparations and Animal Feeding Stuffs Act 1976 .Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
.Western Australian Meat Industry Authority Act 1976 (2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(2) While some of the statutes listed at (1) are quite specific in terms of circumstances of powers of entry, many Acts empower inspectors to enter upon private property in diverse circumstances. The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
The Argentine Ant Act 1968 is an example of the former. It permits a person authorised by the Minister, in circumstances where the owner has not complied with a written notice to eradicate an infestation of Argentine Ants, to enter premises and to carry out the actions set out in the notice. The power of entry given by this Act is circumscribed to these circumstances and a power to inspect. In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
In comparison, the Plant Diseases Act 1914 provides for far more diverse circumstances where a power of entry may be exercised, for example, upon any land, premises, conveyance or vessel or any structure where fruit may be stored for the purpose of ‘ascertaining whether the same is infected, and may for that purpose examine plants, fruit, coverings, and goods and other things, and dig up plants, open packages, and do all such other things’. Inspectors are given further powers of entry in relation to carrying out measures deemed necessary to deal with any infected things found. The Act also contains other such powers to deal with specific circumstances such as neglected orchards. Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
Powers of entry are generally exercised where an authorised person suspects an offence has been committed, and informal approaches for consent to enter have been refused. (3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(3) The general rule in the statutes is that power of entry to residential premises requires a warrant, whereas entry to private land rarely does so. There are exceptions, however. The two statutes cited first at (1) above always require a warrant, and alternatively, some powers, such as the power of entry just discussed in the Plant Diseases Act 1914, do not require a warrant to search a house. Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
Department of Fisheries (1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(1) The Department of Fisheries administers two Acts, the Fish Resources Management Act 1994 (FRMA) and the Pearling Act 1990 which provide for officers to enter private property with or without a search warrant. 1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
1) Section 182 of the FRMA. S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
S.182 (a) authorizes a fisheries officer to enter upon any land, premises or waters for which an authorization is in force to check that conditions of the authorization is/are being conformed with. S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
S.182 (b) authorizes a fisheries officer to enter upon any land or premises used for the selling or storing of fish to ensure compliance with the Act. S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
S.182 (c) authorizes a fisheries officer to enter upon any land or premises used for the manufacturing, selling or repairing of boats, fishing gear and equipment used for aquaculture to inspect such items. S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
S.182 (d) authorizes a fisheries officer to enter upon any land or premises where records are required to be kept for purposes of the Act and inspect those records. 2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
2) Section 183 of the FRMA. S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
S.183 provides for a fisheries officer for purposes of the Act to: a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
a) Enter any land for the purposes of passing through the land; or b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
b) Enter and search any land if the fisheries officer has reasonable grounds to suspect: i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
i) an offence against the Act has been, is being or is about to be committed on the land; or ii) there is on the land anything that may afford evidence of an offence against the Act. 3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
3) Section 184 of the FRMA. S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
S.184 provides for a fisheries officer to enter and search any premises, other than premises used as a residence where: a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
a) the fisheries officer has reasonable grounds to suspect an offence has been is being or is about to be committed against the Act, in or on the premises; b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
b) under the authority of a warrant issued under S.187 of the FRMA; or c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
c) with the occupier's consent. 4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
4) Section 185 of the FRMA. S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
S.185 provides for a fisheries officer to enter and search any premises used as a residence: a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
a) under a warrant issued under S.187 of the FRMA; b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
b) with occupiers consent; or c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
c) if the fisheries officer: i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
i) suspects on reasonable grounds a person has committed an offence against the Act; and ii) pursued that person without interruption from the place where the offence was suspected of being committed to those premises. 5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
5) Section 186 of the FRMA. S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
S.186 provides for a fisheries officer for purposes of the FRMA to enter and search any tent, camp or unauthorized structure, where there are reasonable grounds to suspect it contains fish or fishing gear. 6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
6) Section 36(1)(b) of the Pearling Act 1990 S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
S.36(1)(b) provides for a pearling inspector for the purposes of the Act to enter any place and inspect and search that place, which includes residential and other private property. It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
It should be noted that pearling is a commercial operation involving a small number of licensed operators. The exercising of enter and search powers generally occurs at sea or on land adjacent to pearling leases. Authorised pearling sites are usually located in remote areas of WA and the application and impact of these powers on the general community is negligible. Other than premises where records are kept or pearling equipment is stored, officers are unlikely to require or seek access to private property whether residential or otherwise under S36(1)(b). (2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(2) See answer to Question 1 (3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(3) See answer to Question 1 Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
Mid West Development Commission: (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(2) Not applicable (3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(3) (a) - (b) Not applicable Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
Wheatbelt Development Commission: (1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(1) (a-b) Not applicable (2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(2) Not applicable (3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(3) (a-b) Not applicable Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
Great Southern Development Commission (1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(1) (a) - (b) Not applicable (2) Not applicable (3) (a) - (b) Not applicable
(2) Not applicable (3) (a) - (b) Not applicable
(3) (a) - (b) Not applicable
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