Commonwealth: Maritime Powers Act 2013 (Cth)

Maritime Powers Act 2013 No. 15, 2013 Compilation No. 6 Compilation date: 5 April 2017 Includes amendments up to: Act No. 19, 2017 Registered: 6 April 2017 About this compilation This compilation This is a compilation of the Maritime Powers Act 2013 that shows the text of the law as amended and in force on 5 April 2017 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Introduction Division 1—Preliminary 1 Short title 2 Commencement 3 Act binds the Crown 4 Application of Act 5 Effect on executive power 6 Relationship to other laws Division 2—Guide to this Act 7 Guide to this Act Division 3—Definitions 8 Definitions 9 Involved in a contravention 10 Actionable contraventions—aircraft 11 Continuous exercise of powers Division 4—International agreements and decisions 12 When international agreements and decisions apply 13 Treating foreign vessels as Australian vessels 14 Applying Australian law in other places Part 2—Exercising powers Division 1—Introduction 15 Guide to this Part Division 2—Authorising the exercise of maritime powers 16 Authorising officers 17 Contraventions 18 Monitoring laws 19 International agreements and decisions 20 Evidential material and warrants 21 Identifying vessels and aircraft 22 Seizable transit goods—aircraft 22A Failure to consider international obligations etc. does not invalidate authorisation 22B Rules of natural justice do not apply to authorisations Division 3—Authorisations and approvals 23 When authorisations are in force 24 When approvals lapse 25 Form of authorisations and approvals 26 Further authorisations and approvals Division 4—Exercising powers Subdivision A—Effect of Division 27 Effect of Division Subdivision B—Exercising powers without authorisation 28 Identifying aircraft 29 Ensuring safety Subdivision C—Exercising powers with authorisation 30 Authorisation required 31 Exercising powers for authorised purpose 32 Exercising powers for other purposes 33 Additional powers and limitations under international agreements and decisions Subdivision D—Scope of power 34 Scope of power—vessels, installations, aircraft and protected land areas 35 Warrants not required 36 Enforcing warrants Subdivision E—Using force and assistance 37 Using force 38 Requesting assistance 39 Requiring assistance Division 5—Geographical limits Subdivision A—Exercising powers in other countries 40 Exercising powers in other countries Subdivision B—Exercising powers between countries 41 Foreign vessels between countries 42 Meaning of chased without interruption 43 Foreign installations between countries 44 Foreign aircraft between countries Subdivision C—Exercising powers in Australia 45 Foreign vessels in Australia—evidence and warrants authorisations 46 Vessels, installations and isolated persons in States and internal Territories 47 Aircraft in States and internal Territories Subdivision D—Requests and agreements of other countries 48 Manner and form of requests and agreements 49 Scope of powers under requests and agreements Part 3—Maritime powers Division 1—Introduction 50 Guide to this Part 51 Effect of Part Division 2—Boarding 52 Boarding vessels, installations and aircraft 53 Requirement to facilitate boarding 54 Additional powers—vessels 55 Additional powers—aircraft Division 3—Entering on land 56 Entering on land Division 4—Obtaining information 57 Requiring answers, records and documents 58 Obtaining readings Division 5—Searching 59 Searching places 60 Lifting persons or things from the sea 61 Searching persons 62 Conducting frisk searches Division 6—Things found or produced 63 Examining things 64 Securing and marking things 65 Copying records or documents 66 Securing weapons 67 Seizing things 68 Retaining things Division 7—Detaining vessels, aircraft and other conveyances 69 Vessels and aircraft 69A Additional provisions relating to taking a vessel or aircraft to a destination under section 69 70 Other conveyances Division 8—Placing and moving persons 71 Placing persons 72 Persons on detained vessels and aircraft 72A Additional provisions relating to taking a person to a destination under subsection 72(4) 73 Using detention provisions 74 Safety of persons 75 Restraint is not arrest Division 8A—General provisions relating to powers under Divisions 7 and 8 75A Failure to consider international obligations etc. does not invalidate exercise of powers 75B Rules of natural justice do not apply to exercise of powers 75C Additional provisions about destination to which a vessel, aircraft or person may be taken 75D Exercising powers between countries 75E Powers are not limited by the Migration Act 1958 75F Minister may give directions about exercise of powers 75G Compliance with directions 75H Certain maritime laws do not apply to certain vessels detained or used in exercise of powers Division 9—Arrest 76 Arrest for indictable offences 77 Enforcing arrest warrants Division 10—Requiring conduct to cease 78 Requiring conduct to cease Part 4—Dealing with things taken Division 1—Introduction 79 Guide to this Part Division 2—Notice of seizure, retention or detention 80 Notice of seizure, retention or detention 81 Information about the return of things 82 Notice of Commonwealth ownership Division 3—Using seized things 83 Using seized things 84 Using seized things—State and Territory officers 85 Operating electronic equipment Division 4—Returning things 86 Returning seized things 87 Returning retained and detained things 88 Magistrate may extend holding period 89 Returning things if notice of Commonwealth ownership given 90 Seizing under other Australian laws Division 5—Disposing of things 91 Reasons for disposal 92 Methods of disposal 93 Notice of disposal Part 5—Dealing with persons held Division 1—Introduction 94 Guide to this Part 95 Treatment of persons held 96 Doing things as soon as practicable Division 2—Persons detained 98 Persons detained under detention provisions Division 3—Persons arrested 99 Application of this Division 100 Person to be informed of reason for arrest 101 Person to be brought before magistrate 102 Enforcing arrest warrants Part 6—Failing to comply with requirements 103 Offence Part 7—Miscellaneous Division 1—Maritime officers 104 Maritime officers 105 Carrying and using arms 106 Identity cards 107 Protection from suit Division 2—Evidentiary certificates 108 Evidence of international agreements and decisions 109 Evidence of approvals 110 Evidence of requests and agreements—geographical limits on exercise of powers 111 Certificates are prima facie evidence Division 3—Recovery of costs 112 Chase costs 113 Seizure costs 114 Liability to pay costs is a debt to the Commonwealth Division 4—Gathering and sharing information 115 Copying records or documents for other purposes 116 Sharing information Division 5—Compensation for acquisition of property 117 Compensation for acquisition of property 118 Compensation for damage to documents 119 Compensation for damage to equipment 120 Amount of compensation—proceedings Division 6—Delegation and regulations 121 Delegation 122 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to provide for the administration and enforcement of Australian laws in maritime areas, and for related purposes Part 1—Introduction Division 1—Preliminary 1 Short title This Act may be cited as the Maritime Powers Act 2013. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 27 March 2013 2. Sections 3 to 122 A single day to be fixed by Proclamation. 27 March 2014 However, if the provision(s) do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Act binds the Crown This Act binds the Crown in each of its capacities. 4 Application of Act (1) This Act extends to every external Territory. (2) This Act extends to acts, omissions, matters and things outside Australia. Note: Division 5 of Part 2 sets out geographical limits on the exercise of powers under this Act. 5 Effect on executive power This Act does not limit the executive power of the Commonwealth. 6 Relationship to other laws (1) The provisions of this Act are in addition to, not in substitution for, any other law of the Commonwealth. (2) This Act is not intended to exclude or limit the concurrent operation of any law of a State or Territory. Division 2—Guide to this Act 7 Guide to this Act This Act provides a broad set of enforcement powers for use in, and in relation to, maritime areas. Most of these powers are set out in Part 3. The powers can be used by maritime officers to give effect to Australian laws and international agreements and decisions. The following are maritime officers: (a) Customs officers; (b) members of the Australian Defence Force; (c) members of the Australian Federal Police; (d) other persons appointed by the Minister. An authorisation is necessary to begin the exercise of powers in relation to a vessel, installation, aircraft, protected land area or isolated person. The only exceptions are the exercise of aircraft identification powers and the exercise of powers to ensure the safety of persons. Once an authorisation is in force, maritime officers can exercise powers for a range of purposes. Division 3—Definitions 8 Definitions In this Act: actionable contravention, in relation to an aircraft, has the meaning given by section 10. aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth's surface. aircraft identification powers has the meaning given by subsection 55(4). approval, given by the Minister for the exercise of powers, has the meaning given by section 24. archipelagic waters has the same meaning as in the Convention. Australia, when used in a geographical sense, includes: (a) the external Territories; and (b) the territorial seas of Australia and the external Territories; and (c) any installation attached to: (i) the continental shelf of Australia or an external Territory; or (ii) the seabed within the exclusive economic zone of Australia or an external Territory; and (d) the safety zone around any such installation; and (e) the airspace above Australia (including the airspace above the areas covered by paragraphs (a) to (d)). Australian aircraft means: (a) an aircraft registered, or required to be registered, under regulations made under the Civil Aviation Act 1988; or (b) a Commonwealth aircraft. Australian law: (a) means a law of the Commonwealth or a State or Territory, and includes this Act; but (b) does not include a law prescribed by the regulations. Australian national means: (a) an Australian citizen; or (b) a body corporate established by or under a law of the Commonwealth or a State or Territory; or (c) the Commonwealth or a State or Territory. Australian vessel means: (a) an Australian ship within the meaning of the Shipping Registration Act 1981; or (b) a vessel that is not registered under the law of a foreign country and is either wholly owned or solely operated by: (i) one or more residents of Australia; or (ii) one or more Australian nationals; or (iii) one or more residents of Australia and one or more Australian nationals. authorisation has the meaning given by subsection 23(1). authorising officer has the meaning given by subsection 16(1). border controlled drug has the same meaning as in Part 9.1 of the Criminal Code. border controlled plant has the same meaning as in Part 9.1 of the Criminal Code. chased without interruption, in relation to a vessel, has the meaning given by section 42. Commonwealth aircraft means an aircraft that is owned by, or in the possession or control of, the Commonwealth or a Commonwealth authority. Commonwealth officer means a person who: (a) holds, or performs the duties of, an appointment, office or position under a law of the Commonwealth; or (b) is otherwise in the service of the Commonwealth. Commonwealth ship means a vessel that is owned by, or in the possession or control of, the Commonwealth or a Commonwealth authority. contiguous zone has the same meaning as in the Convention. continental shelf has the same meaning as in the Convention. continuous exercise of powers has the meaning affected by section 11. contravention, of a law, includes an offence against the law. Convention means the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982. Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 31 ([1994] ATS 31). In 2013, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). conveyance includes a vessel, aircraft or vehicle. cooperating agency has the meaning given by subsection 116(4). country, when used in a geographical sense, includes: (a) the territorial sea, and any archipelagic waters, of the country; and (b) any installation attached to the continental shelf, or the seabed within the exclusive economic zone, of the country; and (c) any safety zone around any such installation; and (d) the airspace above the country (including the airspace above the areas covered by paragraphs (a) to (c)). destination: (a) in relation to a vessel or aircraft detained under subsection 69(1)—see subsections 69(2), (3) and (3A); or (b) in relation to a person detained under subsection 72(4)—see subsections 72(4), (4A) and (4B). Note: See also section 75C. detained aircraft has the meaning given by subsection 69(5). detained vessel has the meaning given by subsection 69(4). detention provision has the meaning given by subsection 73(2). engage in conduct means: (a) do an act; or (b) omit to perform an act. evidence and warrants authorisation has the meaning given by subsection 20(2). evidential material means any thing that may afford evidence of a contravention of an Australian law, including such a thing in electronic form. exclusive economic zone has the same meaning as in the Convention. Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967. foreign aircraft means an aircraft other than an Australian aircraft. foreign installation means an installation controlled by a foreign country. foreign vessel means a vessel other than an Australian vessel. frisk search has the meaning given by subsection 61(5). installation: (a) means: (i) an artificial island within the meaning of the Convention; or (ii) an installation within the meaning of the Convention; or (iii) a structure within the meaning of the Convention; but (b) does not include a thing that has been, or could be, such an island, installation or structure but is not installed. international agreement means an agreement or arrangement between Australia and one or more other countries. international decision means a decision made by: (a) the Security Council of the United Nations; or (b) another international body that, under international law, makes decisions that are binding on its members. involved, in a contravention of a law, has the meanings given by section 9. isolated person means a person who is not on, or in the vicinity of, a vessel, installation, aircraft or protected land area. Marine Safety (Domestic Commercial Vessel) National Law has the meaning given by section 17 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. maritime officer has the meaning given by subsection 104(1). maritime powers means the powers in Part 3. migration zone has the same meaning as in the Migration Act 1958. monitoring law means: (a) the Customs Act 1901; or (b) the Fisheries Management Act 1991; or (c) the Migration Act 1958; or (d) the Torres Strait Fisheries Act 1984; or (e) section 72.13 or Division 73 or 307 of the Criminal Code; or (f) clause 8 of Schedule 1 to the Environment Protection and Biodiversity Conservation Act 1999; or (g) a law prescribed by the regulations. ordinary search has the meaning given by subsection 61(4). personal information has the same meaning as in the Privacy Act 1988. person assisting, in the exercise of powers under this Act, has the meaning given by subsection 38(5). person in charge, in relation to the exercise of powers by a maritime officer: (a) in relation to a vessel, installation or aircraft—means the person who appears to the officer to be in charge of the vessel, installation or aircraft; or (b) in relation to a protected land area—means the person who appears to the officer to be in control, possession or occupation of the land, or any premises on the land. protected land area means an area of land that is: (a) outside the States and internal Territories; and (b) prescribed by the regulations. resident of Australia means: (a) an individual who is usually resident in Australia and whose continued presence in Australia is not subject to a limitation as to time imposed by law; or (b) a body corporate that has its principal place of business in Australia. retained thing has the meaning given by subsection 68(3). safety zone, in relation to an installation: (a) has the same meaning as in the Convention; and (b) includes the column of water below that zone. seizable transit goods means: (a) goods that are connected, either directly or indirectly, with the carrying out of a terrorist act, whether the terrorist act has occurred, is occurring or is likely to occur; or (b) goods, the existence or the shipment of which, prejudices, or is likely to prejudice, Australia's defence or security or international peace and security. Note: Seizable transit goods may be forfeited to the Commonwealth under the Customs Act 1901. seized thing has the meaning given by subsection 67(3). support vessel has the meaning given by subsection 9(4). territorial sea has the same meaning as in the Convention. terrorist act has the same meaning as in Part 5.3 of the Criminal Code. thing includes a record or document. this Act includes the regulations. vessel means a vessel or boat of any description and includes a hovercraft and any floating structure, but does not include an installation. vessel identification powers means the powers set out in the following provisions: (a) section 52 (boarding vessels, installations and aircraft); (b) section 53 (requirement to facilitate boarding); (c) section 54 (additional powers—vessels); (d) section 57 (requiring answers, records and documents); (e) section 58 (obtaining readings); (f) section 59 (searching places); (g) section 61 (searching persons); (h) section 63 (examining things); (i) section 66 (securing weapons). vessels without nationality authorisation has the meaning given by subsection 21(2). weapon includes a thing that: (a) is capable of being used to inflict bodily injury (including ammunition); or (b) is capable of being used to help a person escape from detention or custody; or (c) is capable of being used to cause damage to a vessel, installation or aircraft; or (d) except for the absence of, or a defect in, a part of the thing, would be a weapon of a kind mentioned in paragraph (a), (b) or (c); or (e) is reasonably capable of being converted into a weapon of a kind mentioned in paragraph (a), (b) or (c). 9 Involved in a contravention Vessels, installations, aircraft and protected land areas (1) A vessel, installation, aircraft or protected land area is involved in a contravention of a law, if: (a) the law has been, is being, or is intended to be, contravened on, or in the vicinity of, the vessel, installation, aircraft or land; or (b) there is some other connection between the vessel, installation, aircraft or land and a contravention, or intended contravention, of the law. Vessels, installations and aircraft (2) A vessel, installation or aircraft is involved in a contravention of a law, if the vessel, installation or aircraft has been, is being, or is intended to be, used in contravention of the law. Support vessels (3) A vessel is involved in a contravention of a law if it has been, is being, or is intended to be, used: (a) in direct support of another vessel or aircraft that is involved in a contravention of the law; or (b) in preparation for a contravention of the law in which another vessel or aircraft is involved. (4) A vessel involved in a contravention of a law within the meaning of subsection (3) is a support vessel. Isolated persons (5) An isolated person is involved in a contravention of a law if: (a) the law has been, is being, or is intended to be, contravened by the person; or (b) there is some other connection between the person and a contravention, or intended contravention, of the law. 10 Actionable contraventions—aircraft A contravention of a law is an actionable contravention in relation to an aircraft if: (a) the law is prescribed by the regulations; or (b) the Minister has approved the exercise of maritime powers in relation to the aircraft for the purposes of investigating the contravention, or contraventions in general, and the approval has not lapsed. Note: For approval by the Minister, see Division 3 of Part 2. 11 Continuous exercise of powers (1) For the purposes of this Act, the continuous exercise of powers does not end only because there is a period of time between the exercise of one or more of those powers. (2) To avoid doubt, a continuous exercise of powers does not end merely because the destination to which a vessel, aircraft or person is to be taken (or caused to be taken) is changed to a different place under subsection 69(3A) or 72(4B). Division 4—International agreements and decisions 12 When international agreements and decisions apply An international agreement or international decision applies to a vessel, installation or aircraft at a particular time if: (a) the agreement or decision provides for the exercise of powers by Australia in relation to the vessel, installation or aircraft at that time; and (b) either: (i) the agreement or decision is prescribed by the regulations; or (ii) the Minister has approved the exercise of powers under the agreement or decision in relation to the vessel, installation or aircraft, and the approval has not lapsed. Note 1: For international agreement and international decision, see section 8. Note 2: For approval by the Minister, see Division 3 of Part 2. 13 Treating foreign vessels as Australian vessels An Australian law applies in relation to a foreign vessel as if the foreign vessel were an Australian vessel if: (a) an international agreement provides for the law to so apply; and (b) the country of the vessel's nationality is a party to the agreement. Note: For international agreement, see section 8. 14 Applying Australian law in other places Places in other countries (1) An Australian law applies in, or in relation to, a place in another country as if that place were in Australia if an agreement or arrangement between Australia and the other country provides for the law to so apply. Places in exclusive economic zones of other countries (2) An Australian law applies in, or in relation to, a place in the exclusive economic zone of another country as if that place were in the exclusive economic zone of Australia if an agreement or arrangement between Australia and the other country provides for the law to so apply. Places on or above the continental shelves of other countries (3) An Australian law applies in, or in relation to, a place on or above the continental shelf of another country as if that place were on or above the continental shelf of Australia if an agreement or arrangement between Australia and the other country provides for the law to so apply. Part 2—Exercising powers Division 1—Introduction 15 Guide to this Part This Part provides for the exercise of maritime powers and powers specified in international agreements and decisions. An authorisation must be given by an authorising officer before powers can be exercised in relation to a vessel, installation, aircraft, protected land area or isolated person. The only exceptions are: (a) the exercise of aircraft identification powers to identify aircraft; and (b) the exercise of maritime powers to ensure the safety of a maritime officer or any other person. Once an authorisation is in force, a maritime officer may exercise powers for the purposes of the authorisation, and for other purposes set out in Division 4. The exercise of powers in relation to a vessel, installation, aircraft or protected land area extends to persons and things with a connection to the vessel, installation, aircraft or protected land area. Powers can be exercised in, and in relation to, maritime areas, but their exercise is limited in places outside Australia (see Division 5). Division 2—Authorising the exercise of maritime powers 16 Authorising officers (1) For the purposes of authorising the exercise of maritime powers in relation to a vessel, installation, aircraft, protected land area or isolated person, each of the following is an authorising officer: (a) the most senior maritime officer who is in a position to exercise any of the maritime powers in person; (b) the most senior member or special member of the Australian Federal Police who is in a position to exercise any of the maritime powers in person; (c) the most senior maritime officer on duty in a duly established operations room; (d) the person in command of a Commonwealth ship or Commonwealth aircraft from which the exercise of powers is to be directed or coordinated; (e) a person appointed in writing by the Minister. Limited appointments (2) The Minister may appoint a person under paragraph (1)(e) as an authorising officer: (a) for the purposes of authorising the exercise of powers in relation to one or more of the following only: (i) a specified law; (ii) a specified international agreement or international decision; and (b) subject to any other conditions specified in the appointment. Purported authorisations (3) A purported authorisation given by a person who reasonably believed that he or she was an authorising officer has effect as if it were an authorisation. 17 Contraventions Vessels, installations, protected land areas and isolated persons (1) An authorising officer may authorise the exercise of maritime powers in relation to a vessel, installation, protected land area or isolated person if the officer suspects, on reasonable grounds, that the vessel, installation, land or person is involved in a contravention of an Australian law. Note: For involved in a contravention of a law, see section 9. Aircraft—actionable contraventions (2) An authorising officer may authorise the exercise of maritime powers in relation to an aircraft if: (a) the officer suspects, on reasonable grounds, that the aircraft is involved in a contravention of an Australian law; and (b) the contravention is an actionable contravention in relation to the aircraft. Note 1: For involved in a contravention of a law, see section 9. Note 2: For actionable contravention, see section 10. 18 Monitoring laws Vessels, installations, protected land areas and isolated persons An authorising officer may authorise the exercise of maritime powers in relation to a vessel, installation, protected land area or isolated person for the purposes of administering or ensuring compliance with a monitoring law. Note: For monitoring law, see section 8. 19 International agreements and decisions Vessels, installations and aircraft An authorising officer may authorise the exercise of maritime powers in relation to a vessel, installation or aircraft if the officer suspects, on reasonable grounds, that an international agreement or international decision applies to the vessel, installation or aircraft. Note 1: For when international agreements and international decisions apply, see section 12. Note 2: The regulations may provide for additional powers, or for limited powers, to be exercised under an international agreement or international decision: see section 33. 20 Evidential material and warrants Vessels, installations and protected land areas (1) An authorising officer may authorise the exercise of maritime powers in relation to a vessel, installation or protected land area if the officer: (a) suspects, on reasonable grounds, that there is evidential material on the vessel, installation or land; or (b) believes, on reasonable grounds, that the exercise of the powers is necessary to enforce a warrant that is in force under an Australian law. Meaning of evidence and warrants authorisation (2) An authorisation under this section is an evidence and warrants authorisation. 21 Identifying vessels and aircraft Vessels without nationality (1) An authorising officer may authorise the exercise of maritime powers in relation to a vessel if: (a) the vessel is not flying the flag of a State; or (b) the officer suspects, on reasonable grounds, that the vessel: (i) has been flying the flag of more than one State; or (ii) is flying the flag of a State that it is not entitled to fly; or (iii) is not entitled to fly the flag of any State. Meaning of vessels without nationality authorisation (2) An authorisation under subsection (1) is a vessels without nationality authorisation. Aircraft that fail to meet identification requirements (3) An authorising officer may authorise the exercise of maritime powers in relation to an aircraft if: (a) a requirement made in the exercise of aircraft identification powers in relation to the aircraft has not been complied with; or (b) the officer suspects, on reasonable grounds, that information given in response to such a requirement is false or misleading in a material particular. Note 1: Aircraft identification powers can be exercised without authorisation: see section 28. Note 2: For aircraft identification powers, see subsection 55(4). 22 Seizable transit goods—aircraft An authorising officer may authorise the exercise of maritime powers in relation to an aircraft if the officer suspects, on reasonable grounds, that the aircraft is carrying seizable transit goods. Note: For seizable transit goods, see section 8. 22A Failure to consider international obligations etc. does not invalidate authorisation (1) The exercise of a power to give an authorisation under a provision of this Division is not invalid: (a) because of a failure to consider Australia's international obligations, or the international obligations or domestic law of any other country; or (b) because of a defective consideration of Australia's international obligations, or the international obligations or domestic law of any other country; or (c) because the exercise of the power is inconsistent with Australia's international obligations. (2) Subsection (1) is not to be taken to imply that the exercise of a power under any other provision of this Act is invalid for a reason of a kind specified in paragraph (1)(a), (b) or (c). 22B Rules of natural justice do not apply to authorisations (1) The rules of natural justice do not apply to the exercise of a power to give an authorisation under a provision of this Division. (2) Subsection (1) is not to be taken to imply that the rules of natural justice do apply in relation to the exercise of powers under any other provision of this Act. Division 3—Authorisations and approvals 23 When authorisations are in force (1) An authorisation given by an authorising officer under Division 2 is in force until: (a) it is spent; or (b) it lapses. When authorisation is spent (2) An authorisation is spent when the continuous exercise of powers under the authorisation ends. Note: The continuous exercise of powers does not end only because there is a period of time between the exercise of one or more of those powers: see section 11. When authorisation lapses (3) An authorisation lapses if powers have not been exercised under the authorisation within 72 hours after it is given. 24 When approvals lapse An approval given by the Minister for the purposes of one of the following provisions lapses 14 days after it is given: (a) paragraph 10(b) (actionable contraventions); (b) subparagraph 12(b)(ii) (when international agreements and decisions apply). 25 Form of authorisations and approvals (1) An authorisation or approval need not be in writing. (2) An authorisation or approval in writing is not a legislative instrument. 26 Further authorisations and approvals Nothing in this Division prevents the giving of further authorisations or approvals in relation to a particular vessel, installation, aircraft, protected land area or isolated person. Division 4—Exercising powers Subdivision A—Effect of Division 27 Effect of Division This Division has effect subject to Division 5 (geographical limits). Subdivision B—Exercising powers without authorisation 28 Identifying aircraft A maritime officer may, without authorisation, exercise aircraft identification powers to identify an aircraft. Note: For aircraft identification powers, see subsection 55(4). 29 Ensuring safety A maritime officer may, without authorisation, exercise maritime powers to ensure the safety of the officer or any other person. Subdivision C—Exercising powers with authorisation 30 Authorisation required If an authorisation is in force in relation to a vessel, installation, aircraft, protected land area or isolated person, a maritime officer may exercise powers in relation to the vessel, installation, aircraft, land or person in accordance with this Subdivision. 31 Exercising powers for authorised purpose The maritime officer may exercise maritime powers to do whichever of the following applies in accordance with the authorisation: (a) investigate or prevent the contravention; (b) administer or ensure compliance with the monitoring law; (c) administer, ensure compliance with or investigate a contravention of the international agreement or international decision; (d) access or seize the evidential material; (e) enforce the warrant that is in force under an Australian law; (f) identify the vessel or aircraft; (g) retain the seizable transit goods. 32 Exercising powers for other purposes (1) The maritime officer may also exercise maritime powers as follows: (a) to investigate or prevent any contravention of an Australian law that the officer suspects, on reasonable grounds, the vessel, installation, aircraft, protected land area or isolated person to be involved in; (b) to administer or ensure compliance with any monitoring law; (c) in the case of a vessel, installation or aircraft—to administer, ensure compliance with or investigate a contravention of any international agreement or international decision that the officer suspects, on reasonable grounds, applies to the vessel, installation or aircraft; (d) to access or seize any thing that the officer suspects, on reasonable grounds, is: (i) evidential material; or (ii) a border controlled drug or border controlled plant; or (iii) owned by the Commonwealth or a State or Territory; (e) to arrest any person whom the officer suspects, on reasonable grounds, has committed an indictable offence against an Australian law; (f) to enforce any warrant that is in force under an Australian law; (g) to retain any thing that the officer believes, on reasonable grounds, could be seized under an Australian law; (h) in the case of a vessel or aircraft—to identify the vessel or aircraft. Exception—aircraft in flight (2) Subsection (1) does not apply in relation to an aircraft in flight. 33 Additional powers and limitations under international agreements and decisions Additional powers (1) The maritime officer may also exercise powers in the case of a vessel, installation or aircraft if the powers are: (a) specified in an international agreement or international decision that applies to the vessel, installation or aircraft; and (b) prescribed by the regulations as powers that may be exercised in relation to vessels, installations or aircraft of that kind; and (c) exercised for the purposes of administering, ensuring compliance with or investigating a contravention of the agreement or decision. Limitations on powers (2) However, the officer must not exercise a power in relation to a vessel, installation or aircraft to administer, ensure compliance with or investigate a contravention of an international agreement or international decision if: (a) the power is prescribed by the regulations as a power that must not be exercised under the agreement or decision in relation to vessels, installations or aircraft of that kind; or (b) the officer is of a kind prescribed by the regulations as officers who must not exercise powers under the agreement or decision in relation to vessels, installations or aircraft of that kind. (3) Subsection (2) has effect despite any other provision of this Subdivision. Subdivision D—Scope of power 34 Scope of power—vessels, installations, aircraft and protected land areas A maritime officer exercising powers in relation to a vessel, installation, aircraft or protected land area may exercise the powers: (a) on or in any part of the vessel, installation, aircraft or land; or (b) in relation to any person or thing on, or in the vicinity of, the vessel, installation, aircraft or land; or (c) in relation to any person whom the officer suspects, on reasonable grounds, was on or is intending to go onto the vessel, installation, aircraft or land; or (d) in relation to any thing that the officer suspects, on reasonable grounds: (i) was on or is to be taken onto the vessel, installation, aircraft or land; or (ii) is, was or is to be, attached to or controlled or directed from the vessel, installation, aircraft or land. 35 Warrants not required A maritime officer is not required to obtain a warrant to exercise any power under this Act. 36 Enforcing warrants In enforcing a warrant that is in force under an Australian law, a maritime officer must comply with any requirements in the warrant that would have to be complied with by a person executing the warrant. Subdivision E—Using force and assistance 37 Using force (1) In exercising powers under this Act, a maritime officer may use such force against a person or thing as is necessary and reasonable in the circumstances. (2) The maritime officer must not: (a) subject a person to greater indignity than is necessary and reasonable to exercise the powers; or (b) do anything that is likely to cause the death of, or grievous bodily harm to, a person unless: (i) the officer believes on reasonable grounds that doing that thing is necessary to protect life or prevent serious injury to another person (including the officer); and (ii) if the person is attempting to escape arrest by fleeing—the person has, if practicable, been called on to surrender and the officer believes on reasonable grounds that the person cannot be apprehended in any other manner. 38 Requesting assistance (1) A maritime officer may request the assistance of any other person (including an officer of another country). (2) The request may include a request to: (a) operate a vessel, aircraft or installation in a particular manner; or (b) operate machinery or equipment on a vessel, aircraft, installation or land in a particular manner; or (c) search a person; or (d) assist the officer to access data held in, or accessible from, an electronic device that is on a vessel, aircraft, installation or land. (3) Subsection (2) does not limit subsection (1). (4) The person may refuse to assist. (5) If the person agrees to assist, he or she: (a) must follow any directions given by the officer; and (b) is a person assisting. Use of force by person assisting (6) A person assisting may use such force against a thing as is necessary and reasonable in the circumstances. 39 Requiring assistance (1) A maritime officer exercising powers in relation to a vessel, installation, aircraft or protected land area may require the assistance of a person who is on, in or in the vicinity of the vessel, installation, aircraft or land. Note: It is an offence to fail to comply with a requirement under this subsection: see section 103. (2) The requirement may include a requirement to: (a) operate the vessel, installation or aircraft in a particular manner; or (b) operate machinery or equipment on the vessel, installation, aircraft or land in a particular manner; or (c) assist the officer to access data held in, or accessible from, an electronic device or any other equipment on the vessel, installation, aircraft or land; or (d) use such force against a thing as is necessary and reasonable in the circumstances. (3) Subsection (2) does not limit subsection (1). (4) However, the officer must not require the person to do anything that would endanger the health or safety of the person or any other person. Division 5—Geographical limits Subdivision A—Exercising powers in other countries 40 Exercising powers in other countries (1) This Act does not authorise the exercise of powers at a place in another country unless the powers are exercised: (a) at the request or with the agreement of the other country; or (b) to administer, ensure compliance with or investigate a contravention of an international agreement or international decision that applies in that place; or (c) to investigate a contravention of a law that: (i) applies in that place; and (ii) is prescribed by the regulations; or (d) to administer or ensure compliance with a monitoring law that: (i) applies in that place; and (ii) is prescribed by the regulations; or (e) in connection with the exercise of powers in accordance with this section, to ensure the safety of a maritime officer or any other person. (2) Subsection (1) does not apply to an exercise of powers if: (a) the exercise of powers: (i) is part of a continuous exercise of powers that commenced in accordance with any applicable requirements of this Part (disregarding this subsection); and (ii) occurs in the course of passage of a vessel or aircraft through or above waters that are part of a country; and (b) a relevant maritime officer, or the Minister, considers that the passage is in accordance with the Convention. Note 1: The definition of country in section 8 includes the territorial sea and any archipelagic waters of the country. Note 2: The fact that the Minister considers that passage of a particular vessel or aircraft through or above waters that are part of a country is in accordance with the Convention may (for example) be apparent from the terms of a direction given under section 75F. (3) An exercise of powers in reliance (or purported reliance) on subsection (2) is not invalid because of a defective consideration of the Convention. Subdivision B—Exercising powers between countries 41 Foreign vessels between countries (1) This Act does not authorise the exercise of powers in relation to a foreign vessel at a place between Australia and another country unless the powers are exercised: (a) to investigate a contravention of a law that applies to foreign vessels, or persons on foreign vessels, in that place; or (b) in relation to a contravention covered by paragraph (a), to: (i) arrest a person; or (ii) require a person to cease conduct; or (c) in the contiguous zone of Australia to: (i) investigate a contravention of a customs, fiscal, immigration or sanitary law prescribed by the regulations that occurred in Australia; or (ii) prevent a contravention of such a law occurring in Australia; or (d) to administer or ensure compliance with a monitoring law that applies to foreign vessels, or persons on foreign vessels, in that place; or (e) to administer, ensure compliance with or investigate a contravention of an international agreement or international decision that applies to foreign vessels, or persons on foreign vessels, in that place; or (f) to identify the vessel under a vessels without nationality authorisation; or (g) in relation to a support vessel supporting a vessel involved in a contravention in Australia; or (h) in relation to a support vessel supporting a vessel that is: (i) an Australian vessel involved in a contravention within the exclusive economic zone, or waters above the continental shelf, of Australia; or (ii) a foreign vessel involved in a contravention of a law that applies to the foreign vessel, or persons on the foreign vessel, in that place; or (i) after the vessel has been chased without interruption to that place; or (j) at the request or with the agreement of the country of the vessel's nationality; or (k) to seize a border controlled drug or border controlled plant; or (l) in connection with the exercise of powers in accordance with this section, to ensure the safety of a maritime officer or any other person. Note 1: For chased without interruption, see section 42. Note 2: This section does not apply to the exercise of powers under Divisions 7 and 8 of Part 3 in some circumstances: see section 75D. (2) Only vessel identification powers may be exercised under paragraph (1)(f). Note: For vessel identification powers, see section 8. 42 Meaning of chased without interruption (1) A vessel is chased without interruption if: (a) at a place where a maritime officer may exercise powers in relation to the vessel without having chased the vessel, a maritime officer requires the person in charge of the vessel to: (i) stop the vessel; or (ii) facilitate boarding of the vessel; and (b) the requirement is not complied with; and (c) the vessel is chased from that place; and (d) the chase is not interrupted. Note: For requirements to facilitate boarding and stop, see sections 53 and 54. (2) The chase is not interrupted only because: (a) it is continued by another maritime officer; or (b) it is begun, or taken over, by a vessel or aircraft (including a vessel or aircraft of a foreign country) other than the vessel or aircraft from which the requirement was made; or (c) if the chase is continued by a vessel or aircraft of a foreign country—there is no maritime officer on board the vessel or aircraft; or (d) the vessel is out of sight of any or all of the maritime officers, or officers of a foreign country, involved in the chase; or (e) the vessel cannot be tracked by remote means, including radio, radar, satellite or sonar. 43 Foreign installations between countries This Act does not authorise the exercise of powers in relation to a foreign installation at a place between Australia and another country unless the powers are exercised: (a) to administer, ensure compliance with or investigate a contravention of an international agreement or international decision that applies to foreign installations, or persons on foreign installations, in that place; or (b) at the request or with the agreement of the country that controls the installation; or (c) in connection with the exercise of powers in accordance with this section, to ensure the safety of a maritime officer or any other person. 44 Foreign aircraft between countries This Act does not authorise the exercise of powers, other than aircraft identification powers, in relation to a foreign aircraft at a place between Australia and another country unless the powers are exercised: (a) to investigate a contravention of a law that applies to foreign aircraft, or persons on foreign aircraft, in that place; or (b) to administer, ensure compliance with or investigate a contravention of an international agreement or international decision that applies to foreign aircraft, or persons on foreign aircraft, in that place; or (c) at the request or with the agreement of the country of the aircraft's nationality; or (d) in connection with the exercise of powers in accordance with this section, to ensure the safety of a maritime officer or any other person. Subdivision C—Exercising powers in Australia 45 Foreign vessels in Australia—evidence and warrants authorisations (1) This Act does not authorise the exercise of powers in relation to a foreign vessel under an evidence and warrants authorisation at a place in Australia unless: (a) the vessel is at a place in the internal waters of Australia; or (b) the vessel is passing through the territorial sea of Australia after leaving the internal waters of Australia; or (c) the powers are exercised: (i) at the request or with the agreement of the country of the vessel's nationality; or (ii) in connection with the exercise of powers in accordance with this section, to ensure the safety of a maritime officer or any other person. (2) Subsection (1) has effect subject to section 46. 46 Vessels, installations and isolated persons in States and internal Territories This Act does not authorise the exercise of powers in relation to a vessel, installation or isolated person in a State or internal Territory unless the powers are exercised: (a) both: (i) as part of the continuous exercise of powers begun outside the State or internal Territory; and (ii) in relation to conduct that occurred outside a State or internal Territory; or (b) in relation to a law of the Commonwealth in waters navigable from waters of the sea; or (c) in connection with the exercise of powers in accordance with this section, to ensure the safety of a maritime officer or any other person. Note: The continuous exercise of powers does not end only because there is a period of time between the exercise of one or more of those powers: see section 11. 47 Aircraft in States and internal Territories This Act does not authorise the exercise of powers in relation to an aircraft in a State or internal Territory unless the powers are exercised: (a) as part of the continuous exercise of powers begun outside the State or internal Territory in relation to conduct that occurred outside a State or internal Territory; or (b) in relation to a law of the Commonwealth; or (c) in connection with the exercise of powers in accordance with this section, to ensure the safety of a maritime officer or any other person. Note: The continuous exercise of powers does not end only because there is a period of time between the exercise of one or more of those powers: see section 11. Subdivision D—Requests and agreements of other countries 48 Manner and form of requests and agreements (1) For the purposes of this Division, a request or agreement of another country: (a) need not be in writing; and (b) includes the following: (i) a standing request or agreement; (ii) a request or agreement relating to particular circumstances; (iii) a request or agreement that covers a particular period of time. (2) The request or agreement may be made or given by any of the following: (a) the head of state of the country; (b) the head of the government of the country; (c) the minister of the government of the country who is responsible for foreign affairs; (d) the minister of the government of the country who is responsible for defence; (e) any official or body of the country that has, or could be expected to have, authority to make or give such a request or agreement. 49 Scope of powers under requests and agreements (1) If: (a) the request or agreement of another country is made or given for the exercise of powers in relation to a vessel, installation, aircraft or isolated person for a particular purpose (the agreed purpose); and (b) the request or agreement is relied on for the purposes of this Division; a maritime officer may exercise any maritime power in relation to the vessel, installation, aircraft or person for the agreed purpose. (2) However, subsection (1) does not authorise the exercise of a power specified in the request or agreement as a power that must not be exercised under the request or agreement in relation to the vessel, installation, aircraft or person. Part 3—Maritime powers Division 1—Introduction 50 Guide to this Part This Part sets out maritime powers. Maritime powers may be exercised only in accordance with Part 2 and include the following: (a) boarding and entry powers; (b) information gathering powers; (c) search powers; (d) powers to seize and retain things; (e) powers to detain vessels and aircraft; (f) powers to place, detain, move and arrest persons; (g) the power to require persons to cease conduct that contravenes Australian law. 51 Effect of Part The powers in this Part may be exercised only in accordance with Part 2. Division 2—Boarding 52 Boarding vessels, installations and aircraft (1) A maritime officer may board a vessel, installation or aircraft. (2) If the person in charge of the vessel, installation or aircraft requests the officer to produce identification, the officer must produce: (a) the officer's identity card; or (b) other written evidence of the fact that the officer is a Commonwealth officer. (3) If the officer fails to produce the identity card or other written evidence, the officer must: (a) leave the vessel, installation or aircraft; and (b) not re‑board the vessel, installation or aircraft without producing the identity card or other written evidence. (4) Subsections (2) and (3) do not apply if the officer is one of the following in uniform: (a) a member of the Australian Defence Force; (b) an officer of Customs (within the meaning of the Customs Act 1901); (c) a member or special member of the Australian Federal Police; (d) an officer prescribed by the regulations. 53 Requirement to facilitate boarding (1) A maritime officer may require the person in charge of a vessel, installation or aircraft to take reasonable steps to facilitate the boarding of the vessel, installation or aircraft. Note: It is an offence to fail to comply with a requirement under this subsection: see section 103. (2) The requirement may be made by any reasonable means. (3) The requirement is made whether or not the person in charge of the vessel, installation or aircraft understands or is aware of the requirement. 54 Additional powers—vessels Stopping, manoeuvring etc. (1) A maritime officer may require the person in charge of a vessel to do one or more of the following: (a) stop or manoeuvre the vessel; (b) adopt a specified course or speed; (c) maintain a specified course or speed. Note: It is an offence to fail to comply with a requirement under this subsection: see section 103. (2) The requirement is made whether or not the person in charge of the vessel understands or is aware of the requirement. Chasing (3) If the person in charge of a vessel does not comply with a requirement to stop or facilitate boarding of the vessel, a maritime officer may do one or more of the following: (a) chase the vessel; (b) use any reasonable means to obstruct the passage of the vessel; (c) use any reasonable means to halt or slow the passage of the vessel, including by fouling the propellers of the vessel; (d) after firing a warning shot, fire at or into the vessel to disable it or compel it to be brought to for boarding. Requirement taken to be made to support vessels (4) A requirement made to a person in charge of a vessel (the supported vessel) to stop or facilitate boarding of the supported vessel, is taken to have been made also to the person in charge of any vessel supporting the supported vessel. 55 Additional powers—aircraft Identifying (1) A maritime officer may require the person in charge of an aircraft to disclose any or all of the following to the officer: (a) the identity of the aircraft; (b) the identity of all persons on the aircraft; (c) the flight path of the aircraft; (d) the flight plan of the aircraft. Note: It is an offence to fail to comply with a requirement under this subsection: see section 103. (2) The requirement may be made by any reasonable means. (3) The requirement is made whether or not the person in charge of the aircraft understands or is aware of the requirement. (4) The powers in subsection (1) are aircraft identification powers. Intercepting (5) A maritime officer who is on board an aircraft may use his or her aircraft to intercept another aircraft. (6) The interception must be in accordance with the practices recommended in Annex 2 (headed "Rules of the Air") to the Convention on International Civil Aviation done at Chicago on 7 December 1944 (that was adopted in accordance with that Convention). Note: The text of the Convention is set out in Australian Treaty Series 1957 No. 5 ([1957] ATS 5). In 2013, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). Landing (7) A maritime officer may require the person in charge of an aircraft to land the aircraft: (a) at the nearest airport in Australia; or (b) at another place in Australia that the officer considers appropriate. Note: It is an offence to fail to comply with a requirement under this subsection: see section 103. (8) A maritime officer must have regard to the safety of the aircraft when making a requirement under subsection (7). Division 3—Entering on land 56 Entering on land (1) A maritime officer may enter onto land. (2) If the person in charge of the land requests the officer to produce identification, the officer must produce: (a) the officer's identity card; or (b) other written evidence of the fact that the officer is a Commonwealth officer. (3) If the officer fails to produce the identity card or other written evidence, the officer must: (a) leave the land; and (b) not re‑enter the land without producing the identity card or other written evidence. (4) Subsections (2) and (3) do not apply if the officer is one of the following in uniform: (a) a member of the Australian Defence Force; (b) an officer of Customs (within the meaning of the Customs Act 1901); (c) a member or special member of the Australian Federal Police; (d) an officer prescribed by the regulations. Note: The exercise of powers on land is limited: see the definition of protected land area in section 8 and the geographical limits on the exercise of powers set out in sections 46 and 47. Division 4—Obtaining information 57 Requiring answers, records and documents (1) A maritime officer may require a person to answer questions or produce records or documents. Note: It is an offence to fail to comply with a requirement under this subsection: see section 103. (2) The questions, records or documents may be about, or relate to: (a) a vessel, installation, aircraft or land; or (b) the operations of a vessel, installation or aircraft, or activities conducted on a vessel, installation, aircraft or land; or (c) any thing on or in the vicinity of a vessel, installation, aircraft or land (including stores and cargo); or (d) the identity of the person or any other person; or (e) the reasons for the person or any other person being on or in the vicinity of a vessel, installation, aircraft or land; or (f) any journey undertaken by the person or any other person; or (g) any contravention, or suspected contravention, of an Australian law. (3) Subsection (2) does not limit subsection (1). 58 Obtaining readings A maritime officer may read, make readings from, or require the person in charge of a vessel, installation or aircraft to show the officer readings of, navigational or other instruments that relate to the operations of a vessel, installation or aircraft. Note: It is an offence to fail to comply with a requirement under this section: see section 103. Division 5—Searching 59 Searching places (1) A maritime officer may conduct a search, including a search of private living quarters. Opening holds etc. (2) In conducting a search, a maritime officer may break open any space (including a hold, compartment, container, receptacle or any place that could be used as a receptacle). (3) Before breaking open a space, a maritime officer must give the person in charge of the vessel, installation, aircraft or land concerned a reasonable opportunity to open the space. (4) Subsection (3) does not apply if it is not reasonably practicable to give the person such an opportunity. Use of dogs, equipment etc. (5) A maritime officer may use a dog or any equipment or other thing to assist in a search. 60 Lifting persons or things from the sea A maritime officer may cause a person or thing to be lifted from the sea. 61 Searching persons (1) A maritime officer may search a person. (2) The search may be either or both of the following: (a) an ordinary search; (b) a frisk search. (3) The officer may require the production of any thing found as a result of the search. Note: It is an offence to fail to comply with a requirement under this subsection: see section 103. Meanings of ordinary search and frisk search (4) An ordinary search is a search of a person, or of articles in the possession of a person, that may include: (a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes or hat; and (b) an examination of those items. (5) A frisk search is: (a) a search of a person conducted by quickly