Fisheries media release - Boat seized for illegal whiting haul

News and media releases from the Department of Primary Industries (DPI)
denis barden
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Re: Fisheries media release - Boat seized for illegal whiting haul

Post by denis barden » Fri Nov 11, 2022 3:00 pm

You try and stop a Fisheries Officer from searching your property and see what happens
You sound like one of those people that has no regard or respect for the law
Best you try fishin and let the authorities do their job

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fisho999
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Re: Fisheries media release - Boat seized for illegal whiting haul

Post by fisho999 » Fri Nov 11, 2022 3:18 pm

I think the poachers need heavy punishment but if the fish officer did enter the property uninvited then they should take some responsibility for that.

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Re: Fisheries media release - Boat seized for illegal whiting haul

Post by re-tyred » Fri Nov 11, 2022 3:24 pm

There's nothing . . . absolutely nothing . . . half so much worth doing as simply messing around in boats.
Kenneth Grahame, The Wind in the Willows (River Rat to Mole)

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fisho999
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Re: Fisheries media release - Boat seized for illegal whiting haul

Post by fisho999 » Fri Nov 11, 2022 5:10 pm

thanks, re-tyred

Fisheries officers can by law:

stop any water vessel or vehicle to carry out an inspection
ask for your name and home address
Search any equipment such as baskets, eskies or other containers
place alleged offenders under arrest
issue infringement notices
seize any fish, fishing gear or other equipment, including boats and vehicles, that have been used in an alleged offence or is in the possession of a suspected offender.

i haven't read anything there about searching homes denis barden.

denis barden
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Re: Fisheries media release - Boat seized for illegal whiting haul

Post by denis barden » Fri Nov 11, 2022 5:43 pm

This is not the first time officers have searched houses
Dont get sucked in by the so called lawman

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Re: Fisheries media release - Boat seized for illegal whiting haul

Post by fisho999 » Fri Nov 11, 2022 5:44 pm

he never called himself a lawyer, you did. let's just move on.

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Re: Fisheries media release - Boat seized for illegal whiting haul

Post by hornet » Fri Nov 11, 2022 6:41 pm

What happens is fisheries officers will cordinate a property search with police officers as police can search without a warranty under some conditions. Police and fisheries work very closely together.

https://www.gallantlaw.com.au/victorian ... al-rights/

"Typically, a police officer must have a search warrant and suspect an offence to search someone’s home or property in Victoria. However, a police officer can, without a search warrant, enter and search a home either with the consent of the occupier, or when the police officer has reasonable grounds to suspect that a person in the house has committed an offence, is committing an offence, or intends to commit an offence."
He who has the most fishing rods WINS ! :ts:

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Re: Fisheries media release - Boat seized for illegal whiting haul

Post by brother_stern » Sat Nov 12, 2022 5:07 pm

denis barden wrote:
Fri Nov 11, 2022 3:00 pm
You try and stop a Fisheries Officer from searching your property and see what happens
You sound like one of those people that has no regard or respect for the law
Best you try fishin and let the authorities do their job
I have plenty of regard and respect for the law, but zero tolerance for overzealous law enforcement exceeding their powers. I also know and understand the nature of law and the rules that law enforcement have to follow far better than you seem to do and I will not condone law enforcement if they are doing something outside powers granted to them by the government.

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Re: Fisheries media release - Boat seized for illegal whiting haul

Post by brother_stern » Sat Nov 12, 2022 5:15 pm

fisho999 wrote:
Fri Nov 11, 2022 3:18 pm
I think the poachers need heavy punishment but if the fish officer did enter the property uninvited then they should take some responsibility for that.
If police entered property without a warrant, or a legitimate excuse( like an invitation or sounds of violence etc), then its quite likely the resulting court case would be thrown out by the judge due to inadmissible evidence, at least in most countries with developed court system like Australia or USA.
And I completely agree, poachers needs to be deterred, especially habitual/professional poachers, like the people mentioned in the news release, but you cannot do that by letting authorized officers exceed or abuse their powers. Law enforcement has to be kept on a tight leash otherwise they will do as much harm as criminals.

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Re: Fisheries media release - Boat seized for illegal whiting haul

Post by fisho999 » Sat Nov 12, 2022 5:16 pm

brother_stern wrote:
Sat Nov 12, 2022 5:07 pm
denis barden wrote:
Fri Nov 11, 2022 3:00 pm
You try and stop a Fisheries Officer from searching your property and see what happens
You sound like one of those people that has no regard or respect for the law
Best you try fishin and let the authorities do their job
I have plenty of regard and respect for the law, but zero tolerance for overzealous law enforcement exceeding their powers. I also know and understand the nature of law and the rules that law enforcement have to follow far better than you seem to do and I will not condone law enforcement if they are doing something outside powers granted to them by the government.
well said

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