Bag Limits

[GAFYM]

Have just been to the Tinnie @ Tackle show and was informed by a so called "Knowlegeable" person, who was at the DPI@F site,that they can enter your HOME anytime they like and check your Fridge/Freezer to check how many fillets etc you have of fish. If you have more than allowed in possession, you will be charged.
Now, i do know that the Police cannot enter your home without a warrant. They can have access to your main entry but no further without a warrant.
Can someone enlighten?
And would it apply to Camp or Caravan?

Cheers

PS....Borbidge gave an interesting little speech re Green Zones too.

[wilcara]

I can't be specific about police and fisheries access rights, but I can tell you that some agencies like fisheries, RSPCA, CFA, probably others, have greater "powers of entry" than in fact the police do. Police also have much greater powers to enter or search under the traffic regs than any other: hence they often try to catch a crook while he is in his car and they then have more rights and he has less.

I wouldn't be surprised in what you say but I would think it would be qualified by "reasonable suspicion?" I doubt they could do a door knock just at will and there would be an "onus of proof" that all those fillets weren't from several trips.

Maybe anything can happen in Queensland?

[rosco1974]

g'day,i was told this as well but was bout 15 yrs ago when i had a pro crabber livin next door.....apparently they do have the power to enter your house ,tent and caravan......the only place they cannot enter is the master bedroom of a house.......will watch this post to see what other say bout this thread....cheers rosco

[CreelReaper]

Gayfm,
Yes the fisheries do have the right to enter your premises, caravan, tent or whatever /whereever if they are suspicious of you being or having illegal fish. The limits are 'in possesion' not per day or anything else.
As far as the police are concerned you are right, but I believe that all they have to do is use the words drugs or terrorism and the normal rules don't apply. No different to the police pulling you over to 'search' your car. They only have to have a suspicion.

Shane

[ShaneC]

The onus of proof is irrelevant unfortunately. If you have more than the 'in possession' limit, doesn't matter how many trips they came from, you can still be done over in theory. In possession is in possession.......

But also remember, that the limits apply to however many people are in your household, so if a few people live in a house and eat fish regularly, you can have a lot in your freezer.

I really wouldn't be too concerned about it, they are flat out policing the waterways, let alone the household freezer!!!!

Just my two cents.

Shane

[Pazz01]

But they would have to be tipped off by somebody. My freezer generally has more than the bag limit, and I have never been checked. I think you might be worrying about nothing, if you are selling them illegally, then yes I'd be worried, but if you are keeping them for you and your family's consumption, I don't think you have anything to worry about.

In a side issue then, what happens if you are storing it for someone because they don't have the freezer space?

Pazz

[CreelReaper]

Hard luck I would think on that one Pazz. In possession is in possession. And I also believe that this applies to only those who are old enough to be able to catch fish as well. If it's you, the missus and a toddler then your limit is twice not three times.

Shane

[Pazz01]

Thanks Shane, as expected. Oh well, I'll worry about it when mr fishery comes knocking on my door wanting to check the freezer. Gone this long without being checked and I'll continue to do the same until I do.

Pazz

[jtpython]

Doesn't Last Long In This House :)
Jt

[levinge]

I think they would have a hard time proving anything in a court of law, you could just state that you bought the fish from a commercial outlet in bulk and rebagged it. It would up to them to prove you guilty - good old presumed innocent until "proven" guilty.

Somehow I think it is one of those laws that allows them to collar the illegal distribution market, if they have the evidence then they can act, otherwise it would be really hard for them logistically to go door to door searching freezers..

5 in my family, we are well and truely below the bag, especially with the shitty weather here at the moment!!!!

[Lucky_Phill]

GAFYM,

This is a ' grey ' area. Don't be too concerned about this.

This was brought up at a meeting I had with the Fisheries Minister some years back.

It could even come down to who owns the freezer with one too many fish in, if it's under finance to a credit company, then maybe THAT company owns the freezer until you actually pay for it.

As I said, grey area, unless you are a well known blackmarketeer ::) :o


FYI, I believe it is still illegal to wear " slippers " in public at night in Queensland. Something to do with legislation from the 1800's to attempt to stop thieves ( who would wear slippers to walk / run on cobblestone streets to avoid detection ). Maybe this has been dropped, but laws and regulations are not cut and dry, they simply provide an overview and an over-protectionist avenue for the prosecutors.

Shoot, that almost made sense......;D....;)

Cheers phill
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[Scott nthQld]

Same as the law that is still current that says every pub must have somewhere to water and secure your horse....no one takes any notice, even the authorities

[bennykenny]

has anyone on ausfish actually had them come and check their freezer by the way???? you would think that if no one on here has had it done to them then your likley not going to have it done to you, unless your being watched for a particular reason, which would be for taking, too many of those "in possession" fish, which in that instance then, good luck to the DPI for catching you.

[robersl]

fishcakes are the way to go try proving what fish it is and how much mixed up with a bit of mash , but i still want to know what are fish fingers made of mmmm

shane

[seastorm]

In relation to the new reef fin fish bag limits (max of 20 fish per person) what happens if you go on a weeks fishing charter to the swains, I know on are last trip we would have come back with more then 20 fish per person?

[skipalong]

this is very true, they can enter your house, but was told that they really never will unless you have history a mile long of reports against you, and would have to have beend isued fines over a dozen times, or if they cheched you catch 3 days running with your bag limit, and then eyebrows would be raised as to where the fish was going,

was told all this by a fisheries officer at noosa 4 weeks ago,

i dont think it will ever be an issue unless you have history.

justin

[ssab1]

fishcakes are the way to go try proving what fish it is and how much mixed up with a bit of mash , but i still want to know what are fish fingers made of mmmm

shane
"fish fingers "hence the name. cheers alex

[TimiBoy]

When I left SA it was still legal to hang out the ol' fella and take a pi$$ on the left front wheel of your car.

Interestingly, in Germany you can (if male) take a pi$$ pretty much wherever you like. Saw a bloke in a suit taking one right outside the Berlin Bahnhof (Main Railway Station). Could have kncked me over with a feather...

Bloody pigs in Germany.

Tim

[GAFYM]

Well to all....Jake (my bull mastiff) will have a ball if they do try to come in.

Does this create another problem???

[gawby]

When i was a copper in qld, the law stated a dog that rushes at or barks at
any person in any place what so ever can be killed there and then
on the spot without recourse from the owner.
Read very carefully what it says and then see how good Jake is.
Graeme

[sleepygreg]

I believe it is still law in NSW that you CANNOT reverse your car accross a footpath......would be interesting seein people turn there cars around in 98% of the houses there! Just another of those laws that nobody has bothered to change since the horse and buggy days. But they are still law....are they ever enforced....i reckon if you reversed your car accross a footpath and clobbered a pedestrian it would be!
I reckon there would be heaps of laws on the books that are rarely if ever enforced.....unless an act of stupidity, or sheer bloodymindedness is committed that involves injury to others.

Greg

PS..I never have enough fish in the bloody freezer to worry about it :S

[Jabba_]

GAFYM..... You have watched to many American movies... In Australia, the police do not need a warrant to enter your home.....

[CreelReaper]

Hey Greg, you are right about that one mate. My dad had an 'accident' a few years ago when he was reversing out of a driveway. Cops were called and all the crap was dealt with. At the end the cop just said to sort it out between 'yourselvers' cause if he had to deal with it they would both be fined and had demerit points taken away. The other car was reversing out of the opposite driveway.

Shane

[Noha]

back to the bag and possesion limits, the possesion limit in the NT means in your boat , car or camp etc, but you can have over the limit in your place of permanent residence. this rule gives a lot of tourists the shits because the locals can go out each day when the fish are biting and bring home their limit.
but if they load their esky up at home that is over the limit to take to a friends place they can get done then. dont know about the QLD rule . cheers