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This is a Bill, not an Act. For current law, see the Acts databases.
MARITIME POWERS (CONSEQUENTIAL AMENDMENTS) BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Maritime Powers (Consequential
Amendments) Bill 2012
No. , 2012
(Attorney-General)
A Bill for an Act to deal with consequential matters
arising from the enactment of the Maritime Powers
Act 2012, and for related purposes
i Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendment of the Customs Act 1901
3
Schedule 2--Amendment of the Environment Protection and
Biodiversity Conservation Act 1999
9
Schedule 3--Amendment of the Fisheries Management Act
1991
10
Schedule 4--Amendment of the Migration Act 1958
12
Schedule 5--Amendment of the Torres Strait Fisheries Act
1984
20
Schedule 6--Transitional provisions
21
Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012 1
A Bill for an Act to deal with consequential matters
1
arising from the enactment of the Maritime Powers
2
Act 2012, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Maritime Powers (Consequential
6
Amendments) Act 2012.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012
Commencement information
Column 1
Column 2
Column 3
Provision(s) Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1 to
6
At the same time as section 3 of the
Maritime Powers Act 2012 commences.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendment of the Customs Act 1901 Schedule 1
Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012 3
Schedule 1--Amendment of the Customs Act
1
1901
2
3
1 Subsection 4(1)
4
Insert:
5
aircraft identification powers has the same meaning as in the
6
Maritime Powers Act 2012.
7
2 Subsection 4(1)
8
Insert:
9
Australian aircraft means an aircraft that:
10
(a) is an Australian aircraft as defined in the Civil Aviation Act
11
1988; or
12
(b) is not registered under the law of a foreign country and is
13
either wholly owned by, or solely operated by:
14
(i) one or more residents of Australia; or
15
(ii) one or more Australian nationals; or
16
(iii) one or more residents of Australia and one or more
17
Australian nationals.
18
For the purposes of this definition, Australian national and
19
resident of Australia have the same meanings as in the Shipping
20
Registration Act 1981.
21
3 Subsection 4(1)
22
Insert:
23
authorising officer has the same meaning as in the Maritime
24
Powers Act 2012.
25
4 Subsection 4(1)
26
Insert:
27
foreign aircraft means an aircraft that is not an Australian aircraft.
28
5 Subsection 4(1)
29
Insert:
30
Schedule 1 Amendment of the Customs Act 1901
4 Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012
maritime officer has the same meaning as in the Maritime Powers
1
Act 2012.
2
6 Subsection 183UA(1) (paragraph (f) of the definition of
3
authorised person)
4
Repeal the paragraph, substitute:
5
(f) in relation to the exercise of powers under section 203CA or
6
203CB:
7
(i) an officer of Customs; or
8
(ii) a maritime officer who is exercising maritime powers
9
under the Maritime Powers Act 2012 in relation to a
10
ship or aircraft to which section 203CA of this Act
11
applies; or
12
(iii) an officer of police; or
13
(iv) a member of the Defence Force; and
14
7 Sections 184A to 185B
15
Repeal the sections.
16
8 Subsection 187(1)
17
Omit "(1)".
18
9 Subsection 187(2)
19
Repeal the subsection.
20
10 Paragraph 189A(1)(a)
21
Omit all the words from and including "for the purpose of" to and
22
including "or any other Act", substitute "for the purpose of enabling the
23
safe exercise, by such officers, of powers conferred on them under this
24
Act or any other Act".
25
11 Paragraphs 203CA(1)(a) and (b)
26
Repeal the paragraphs, substitute:
27
(a) the ship is outside the territorial sea of a foreign country; and
28
(b) the ship could be boarded under the Maritime Powers Act
29
2012; and
30
(c) the ship is exempt from any provision of the Customs Acts
31
under subsection 30A(3) of this Act or the voyage of the ship
32
Amendment of the Customs Act 1901 Schedule 1
Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012 5
is exempt from any such provision under subsection 30A(5)
1
of this Act.
2
12 Paragraphs 203CA(2)(a) and (b)
3
Repeal the paragraphs, substitute:
4
(a) the aircraft has landed in Australia as a result of a maritime
5
officer requiring the person in charge of the aircraft to land
6
the aircraft under subsection 55(7) of the Maritime Powers
7
Act 2012; and
8
(b) in the case of an Australian aircraft--the requirement is made
9
when the aircraft is over anywhere except a foreign country;
10
and
11
(c) in the case of an aircraft that is not an Australian aircraft--
12
the requirement is made when the aircraft is over Australia;
13
and
14
(d) the flight of the aircraft is exempt from any provision of the
15
Customs Acts under subsection 30A(5) of this Act.
16
13 Subsection 203CA(3) (note)
17
Omit "paragraph 185(2)(e) and section 203C", substitute "section 203C
18
of this Act and subparagraph 67(1)(b)(ii) of the Maritime Powers Act
19
2012".
20
14 Subsection 203CA(4)
21
Omit "under section 185".
22
15 Subparagraph 203CB(1)(a)(i)
23
Omit "203CA(1)(b) or (2)(b)", substitute "203CA(1)(c) or (2)(d)".
24
16 Subsection 203CB(2) (note)
25
Omit "paragraph 185(2)(e) and section 203C", substitute "section 203C
26
of this Act and subparagraph 67(1)(b)(ii) of the Maritime Powers Act
27
2012".
28
17 Paragraph 207(1)(a)
29
Repeal the paragraph, substitute:
30
(a) goods are seized:
31
(i) under a seizure warrant; or
32
Schedule 1 Amendment of the Customs Act 1901
6 Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012
(ii) under subsection 203B(2) or (2A), 203C(2), 203CA(3)
1
or 203CB(2); or
2
(iii) under section 67 of the Maritime Powers Act 2012; and
3
18 Section 208D
4
Omit "or under subsection 185(2), 185A(6), 203B(2) or (2A), 203C(2),
5
203CA(3) or 203CB(2)", substitute ", under subsection 203B(2) or
6
(2A), 203C(2), 203CA(3) or 203CB(2) or under section 67 of the
7
Maritime Powers Act 2012".
8
19 Paragraph 219L(1A)(a)
9
Omit "185 or".
10
20 Paragraph 219L(1A)(b)
11
Omit "and".
12
21 Paragraph 219L(1A)(c)
13
Repeal the paragraph.
14
22 Section 228
15
Before "The following ships", insert "(1)".
16
23 Paragraph 228(1)
17
Omit "(1)", substitute "(a)".
18
24 Paragraph 228(2)
19
Omit "(2)" (first occurring), substitute "(b)".
20
25 Paragraph 228(2)
21
Omit "under subsection 184A(2) or (3)", substitute ", under the
22
Maritime Powers Act 2012, in circumstances set out in subsection (2) or
23
(3)".
24
26 Paragraph 228(3)
25
Omit "(3)", substitute "(c)".
26
27 Paragraph 228(3)
27
Amendment of the Customs Act 1901 Schedule 1
Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012 7
Omit "properly requested under section 184D to land the aircraft",
1
substitute "required to land the aircraft, under the Maritime Powers Act
2
2012, in circumstances set out in subsection (4), (5) or (6)".
3
28 Paragraph 228(4)
4
Omit "(4)", substitute "(d)".
5
29 Paragraph 228(5)
6
Omit "(5)", substitute "(e)".
7
30 Paragraph 228(6)
8
Omit "(6)", substitute "(f)".
9
31 At the end of section 228
10
Add:
11
(2) The circumstances are:
12
(a) the ship is a foreign ship; and
13
(b) the ship is on the landward side of the outer edge of
14
Australia's territorial sea; and
15
(c) the boarding is for the purposes of this Act or an Act
16
prescribed by the regulations, or for the purposes of
17
determining whether a contravention, or an attempted
18
contravention, in Australia of section 72.13 or Division 307
19
of the Criminal Code is occurring.
20
(3) The circumstances are:
21
(a) the ship is an Australian ship; and
22
(b) the ship is outside the territorial sea of any foreign country;
23
and
24
(c) the boarding is for the purposes of this Act or an Act
25
prescribed by the regulations, or for the purposes of
26
determining whether a contravention, or an attempted
27
contravention, in Australia of section 72.13 or Division 307
28
of the Criminal Code is occurring.
29
(4) The circumstances are:
30
(a)
either:
31
(i) the aircraft is an Australian aircraft over anywhere
32
except a foreign country; or
33
Schedule 1 Amendment of the Customs Act 1901
8 Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012
(ii) the aircraft is a foreign aircraft over Australia; and
1
(b) the requirement to land is made:
2
(i) in relation to the operation of this Act; and
3
(ii) because the pilot of the aircraft has failed to comply
4
with a requirement made in the exercise of aircraft
5
identification powers.
6
(5) The circumstances are:
7
(a)
either:
8
(i) the aircraft is an Australian aircraft over anywhere
9
except a foreign country; or
10
(ii) the aircraft is a foreign aircraft over Australia; and
11
(b) an authorising officer reasonably suspects that the aircraft is
12
or has been involved in a contravention, or attempted
13
contravention, of this Act or section 72.13 or Division 307 of
14
the Criminal Code.
15
(6) The circumstances are:
16
(a)
either:
17
(i) the aircraft is an Australian aircraft over anywhere
18
except a foreign country; or
19
(ii) the aircraft is a foreign aircraft over Australia; and
20
(b) an authorising officer reasonably suspects that the aircraft is
21
carrying goods satisfying either or both of the following
22
subparagraphs:
23
(i) the goods are connected, whether directly or indirectly,
24
with the carrying out of a terrorist act, whether a
25
terrorist act has occurred, is occurring or is likely to
26
occur;
27
(ii) the existence or the shipment of the goods prejudices, or
28
is likely to prejudice, Australia's defence or security or
29
international peace and security.
30
(7) In this section:
31
terrorist act has the same meaning as in section 183UA.
32
33
Amendment of the Environment Protection and Biodiversity Conservation Act 1999
Schedule 2
Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012 9
Schedule 2--Amendment of the Environment
1
Protection and Biodiversity
2
Conservation Act 1999
3
4
1 Division 11 of Part 17
5
Repeal the Division.
6
7
Schedule 3 Amendment of the Fisheries Management Act 1991
10 Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012
Schedule 3--Amendment of the Fisheries
1
Management Act 1991
2
3
1 Paragraphs 84(1)(aa), (a), (aaa), (b), (c), (k), (l), (m), (q) and
4
(r)
5
Repeal the paragraphs.
6
2 Subsection 84(1BA)
7
Omit ", (k), (l) or (m) (applying of its own force or because of another
8
provision of this Act)".
9
3 Subsections 84(1C) to (4)
10
Repeal the subsections.
11
4 Section 84AA
12
Repeal the section.
13
5 Subsection 84B(4)
14
Omit "Subsections 84(4) and (6) apply in relation to the exercise of a
15
power by an international officer as if references in those subsections to
16
the officer's identity card were references", substitute "Subsection 84(6)
17
applies in relation to the exercise of a power by an international officer
18
as if the reference in that subsection to the officer's identity card were a
19
reference".
20
6 Sections 87 to 87HA
21
Repeal the sections.
22
7 Section 87J (heading)
23
Omit "relating to boat".
24
8 Subsection 87J(1)
25
Omit "(as it applies of its own force or because of section 87G or
26
87HA) or under section 87H,".
27
9 Subsection 88(1)
28
Omit "(as it applies of its own force or because of section 87, 87G or
29
87HA)".
30
Amendment of the Fisheries Management Act 1991 Schedule 3
Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012 11
10 Paragraph 88(1)(e)
1
Repeal the paragraph, substitute:
2
(e) if the property is a boat and there is a liability under
3
section 116 of the Maritime Powers Act 2012 for costs
4
incurred in chasing the boat--for those costs.
5
11 Paragraph 88(2)(b)
6
Omit "officer; and", substitute "officer.".
7
12 Paragraph 88(2)(c)
8
Repeal the paragraph.
9
13 Paragraph 102(1)(c)
10
Omit "an officer exercising powers under section 84 (as it applies of its
11
own force or because of section 87, 87G or 87HA) or a person
12
exercising powers under another", substitute "a person exercising
13
powers under a".
14
14 Paragraphs 106A(2)(b) and (3)(b) and 106AA(1)(b)
15
After "paragraph 84(1)(ga)", insert "or under section 67 of the Maritime
16
Powers Act 2012".
17
15 Subdivision CA of Division 6 of Part 6
18
Repeal the Subdivision.
19
16 Paragraphs 108(1)(c) and 168(2)(l)
20
Omit "(as it applies of its own force or because of section 87, 87G or
21
87HA)".
22
23
Schedule 4 Amendment of the Migration Act 1958
12 Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012
Schedule 4--Amendment of the Migration Act
1
1958
2
3
1 Subsection 5(1) (definition of foreign boat)
4
Repeal the definition.
5
2 Subsection 5(1)
6
Insert:
7
foreign vessel has the same meaning as in the Maritime Powers
8
Act 2012.
9
3 Subsection 5(1)
10
Insert:
11
maritime officer has the same meaning as in the Maritime Powers
12
Act 2012.
13
4 Subsection 5(1) (paragraph (b) of the definition of transitory
14
person)
15
After "245F(9)(b)", insert "of this Act, or paragraph 72(4)(b) of the
16
Maritime Powers Act 2012".
17
5 Subparagraph 42(2A)(c)(i)
18
Omit "185(3A) of the Customs Act 1901", substitute "72(4) of the
19
Maritime Powers Act 2012".
20
6 Paragraphs 43(3)(b) and (c)
21
Repeal the paragraphs, substitute:
22
(b) an Australian resident entering Australia on a foreign vessel
23
as a result of the exercise of powers under section 69 of the
24
Maritime Powers Act 2012 in relation to a fisheries detention
25
offence; or
26
(c) an Australian resident entering Australia on a vessel
27
(environment matters) as a result of an environment officer,
28
maritime officer or other person in command of a
29
Commonwealth ship or a Commonwealth aircraft:
30
Amendment of the Migration Act 1958 Schedule 4
Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012 13
(i) exercising his or her power under paragraph 403(3)(a)
1
of the Environment Protection and Biodiversity
2
Conservation Act 1999 in relation to the vessel; or
3
(ii) making a requirement of the person in charge of the
4
vessel under paragraph 403(3)(b) of the Environment
5
Protection and Biodiversity Conservation Act 1999; or
6
(iii) exercising powers under section 69 of the Maritime
7
Powers Act 2012 in relation to the vessel;
8
because the environment officer, maritime officer or person
9
in command had reasonable grounds to suspect that the
10
vessel had been used or otherwise involved in the
11
commission of an environment detention offence.
12
7 Subsection 43(4) (definition of master)
13
Repeal the definition.
14
8 Subsection 43(5)
15
Repeal the subsection.
16
9 Section 164A (definition of master)
17
Repeal the definition.
18
10 Subsections 164B(1) and (1A)
19
Repeal the subsections, substitute:
20
Non-citizen on foreign vessel outside migration zone
21
(1) A non-citizen on a foreign vessel outside the migration zone is
22
granted an enforcement visa when the vessel is detained under
23
section 69 of the Maritime Powers Act 2012 in relation to a
24
fisheries detention offence.
25
Note:
The grant of an enforcement visa effectively cancels any temporary
26
visa that the non-citizen may have held (see subsection 82(2A)).
27
11 Subsection 164B(2)
28
Omit "by a fisheries officer".
29
12 Subsections 164B(3) and (4)
30
Repeal the subsections, substitute:
31
Schedule 4 Amendment of the Migration Act 1958
14 Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012
Non-citizen in prescribed circumstances
1
(3) An enforcement visa is granted to a non-citizen (who does not
2
already hold an enforcement visa) when a fisheries officer or a
3
maritime officer exercises under, or for the purposes of, the
4
Fisheries Management Act 1991 or the Torres Strait Fisheries Act
5
1984 a prescribed power in prescribed circumstances in relation to
6
the non-citizen. The visa is granted at the time the power is
7
exercised.
8
Note:
The grant of an enforcement visa effectively cancels any temporary
9
visa that the non-citizen may have held (see subsection 82(2A)).
10
Non-citizen on foreign vessel in prescribed circumstances
11
(4) An enforcement visa is granted to a non-citizen (who does not
12
already hold an enforcement visa) who is on a foreign vessel when
13
a fisheries officer or a maritime officer exercises under, or for the
14
purposes of, the Fisheries Management Act 1991 or the Torres
15
Strait Fisheries Act 1984 a prescribed power in prescribed
16
circumstances in relation to the vessel. The visa is granted at the
17
time the power is exercised.
18
Note:
The grant of an enforcement visa effectively cancels any temporary
19
visa that the non-citizen may have held (see subsection 82(2A)).
20
13 Subsection 164BA(1)
21
Repeal the subsection, substitute:
22
Non-citizen on vessel (environment matters) outside migration
23
zone
24
(1) A non-citizen on a vessel (environment matters) outside the
25
migration zone is granted an enforcement visa when, because an
26
environment officer, maritime officer or other person in command
27
of a Commonwealth ship or a Commonwealth aircraft has
28
reasonable grounds to suspect that the vessel has been used or
29
otherwise involved in the commission of an environment detention
30
offence, the environment officer, maritime officer or person in
31
command:
32
(a) exercises his or her power under paragraph 403(3)(a) of the
33
Environment Protection and Biodiversity Conservation Act
34
1999 in relation to the vessel; or
35
Amendment of the Migration Act 1958 Schedule 4
Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012 15
(b) makes a requirement of the person in charge of the vessel
1
under paragraph 403(3)(b) of the Environment Protection
2
and Biodiversity Conservation Act 1999; or
3
(c) exercises powers under section 69 of the Maritime Powers
4
Act 2012 in relation to the vessel;
5
whichever occurs first.
6
Note 1:
Under paragraph 403(3)(a) of the Environment Protection and
7
Biodiversity Conservation Act 1999, an environment officer, or the
8
person in command of a Commonwealth ship or a Commonwealth
9
aircraft, may bring a vessel into the migration zone. Under paragraph
10
403(3)(b) of that Act, an environment officer, or the person in
11
command of a Commonwealth ship or a Commonwealth aircraft, may
12
require the person in charge of a vessel to bring the vessel into the
13
migration zone.
14
Note 2:
The grant of an enforcement visa effectively cancels any temporary
15
visa that the non-citizen may have held (see subsection 82(2A)).
16
14 Subsections 164BA(3) and (4)
17
Repeal the subsections, substitute:
18
Non-citizen in prescribed circumstances
19
(3) An enforcement visa is granted to a non-citizen (who does not
20
already hold an enforcement visa) when an environment officer or
21
a maritime officer exercises under, or for the purposes of, the
22
Environment Protection and Biodiversity Conservation Act 1999 a
23
prescribed power in prescribed circumstances in relation to the
24
non-citizen. The visa is granted at the time the power is exercised.
25
Note:
The grant of an enforcement visa effectively cancels any temporary
26
visa that the non-citizen may have held (see subsection 82(2A)).
27
Non-citizen on vessel or aircraft in prescribed circumstances
28
(4) An enforcement visa is granted to a non-citizen (who does not
29
already hold an enforcement visa) who is on a vessel (environment
30
matters) or a foreign aircraft (environment matters) when an
31
environment officer or maritime officer exercises under, or for the
32
purposes of, the Environment Protection and Biodiversity
33
Conservation Act 1999 a prescribed power in prescribed
34
circumstances in relation to the vessel or aircraft. The visa is
35
granted at the time the power is exercised.
36
Note:
The grant of an enforcement visa effectively cancels any temporary
37
visa that the non-citizen may have held (see subsection 82(2A)).
38
Schedule 4 Amendment of the Migration Act 1958
16 Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012
15 Division 12A of Part 2 (heading)
1
Repeal the heading, substitute:
2
Division 12A--Chasing, boarding etc. aircraft
3
16 Section 245A (definition of Australian ship)
4
Repeal the definition.
5
17 Section 245A (definition of Commonwealth ship)
6
Repeal the definition.
7
18 Section 245A (definition of foreign ship)
8
Repeal the definition.
9
19 Section 245A (definition of ship)
10
Repeal the definition.
11
20 Section 245A (definition of territorial sea)
12
Repeal the definition.
13
21 Section 245A (definition of UNCLOS)
14
Repeal the definition (including the note).
15
22 Sections 245B to 245D
16
Repeal the sections.
17
23 Section 245F (heading)
18
Omit "ships and".
19
24 Subsection 245F(1)
20
Repeal the subsection.
21
25 Paragraphs 245F(3)(a) to (c)
22
Omit "ship or" (wherever occurring).
23
26 Paragraph 245F(3)(d)
24
Omit "ship or" (first occurring).
25
Amendment of the Migration Act 1958 Schedule 4
Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012 17
27 Subparagraph 245F(3)(d)(i)
1
Repeal the subparagraph, substitute:
2
(i) the aircraft and its flight, cargo, stores, crew and
3
passengers;
4
28 Subparagraph 245F(3)(d)(ii)
5
Omit "ship or".
6
29 Paragraph 245F(3)(e)
7
Omit "ship or" (wherever occurring).
8
30 Paragraph 245F(3)(f)
9
Repeal the paragraph, substitute:
10
(f) arrest without warrant any person found on the aircraft if the
11
officer reasonably suspects that the person has committed, is
12
committing or attempting to commit, or is involved in the
13
commission of, an offence, either in or outside Australia,
14
against this Act.
15
31 Subsection 245F(4)
16
Repeal the subsection.
17
32 Subsection 245F(5)
18
Omit "ship or".
19
33 Subsections 245F(8) and (8AA)
20
Repeal the subsections, substitute:
21
Power to detain and move aircraft
22
(8) An officer may detain the aircraft and bring it, or cause it to be
23
brought, to a port, or to another place, that he or she considers
24
appropriate if the officer reasonably suspects that the aircraft is or
25
has been involved in a contravention, either in or outside Australia,
26
of this Act.
27
34 Subsection 245F(8A) (heading)
28
Omit "ships or".
29
35 Subsection 245F(8A)
30
Schedule 4 Amendment of the Migration Act 1958
18 Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012
Omit "a ship or", substitute "an".
1
36 Subsection 245F(8A)
2
Omit "the ship or" (wherever occurring), substitute "the".
3
37 Subsection 245F(9) (heading)
4
Omit "ships or".
5
38 Subsection 245F(9)
6
Omit "a ship or", substitute "an".
7
39 Paragraph 245F(9)(a)
8
Omit "ship or".
9
40 Subsection 245F(11) (heading)
10
Omit "ships or".
11
41 Subsection 245F(11)
12
Omit "ship or" (first and second occurring).
13
42 Subsection 245F(11)
14
Omit "ship," (wherever occurring).
15
43 Paragraph 245F(11)(a)
16
Omit "ship or".
17
44 Subsection 245F(12) (heading)
18
Omit "ships or".
19
45 Subsections 245F(12) and (13)
20
Omit "ship or" (wherever occurring).
21
46 Subsection 245F(14)
22
Repeal the subsection.
23
47 Paragraph 245F(18)(a)
24
Repeal the paragraph, substitute:
25
Amendment of the Migration Act 1958 Schedule 4
Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012 19
(a) any person who is in command, or a member of the crew, of
1
the aircraft from which the relevant request under
2
section 245E was made; and
3
48 Subsection 245F(19)
4
Omit "ship or" (wherever occurring).
5
49 Paragraph 245FA(1)(a)
6
Omit "a ship or", substitute "an".
7
50 Sections 245FB to 245H
8
Repeal the sections.
9
51 Subsection 251(1)
10
Repeal the subsection, substitute:
11
(1) An officer may at any time board and search a vessel if the officer
12
reasonably suspects there is on board the vessel:
13
(a) an unlawful non-citizen; or
14
(b) a person seeking to enter the migration zone who would, if in
15
the migration zone, be an unlawful non-citizen.
16
52 Paragraph 252(1)(a)
17
Repeal the paragraph, substitute:
18
(a) the person is detained in Australia; or
19
53 Section 261J
20
Omit "245G,".
21
22
Schedule 5 Amendment of the Torres Strait Fisheries Act 1984
20 Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012
Schedule 5--Amendment of the Torres Strait
1
Fisheries Act 1984
2
3
1 Paragraphs 42(1)(a), (aa), (c), (e), (g), (h), (ha), (hb), (o) and
4
(p)
5
Repeal the paragraphs.
6
2 Subsection 42(2)
7
Repeal the subsection, substitute:
8
(2) The powers of an officer under subsection (1) may be exercised in
9
Australia, in an external Territory, in an area of Australian
10
jurisdiction or in an area of waters in relation to which the
11
Fisheries Management Act 1991 applies.
12
3 Subsection 42(2AAA)
13
Omit ", (e), (g) or (h)".
14
4 Section 42A
15
Repeal the section.
16
5 Paragraphs 43(1)(a) and (ca)
17
Repeal the paragraphs.
18
6 Subsection 43(1A)
19
Omit ", (c) and (ca)", substitute "and (c)".
20
7 Paragraphs 52A(2)(b) and (3)(b) and 52AA(1)(b)
21
After "under paragraph 42(1)(ea)", insert "or section 67 of the Maritime
22
Powers Act 2012".
23
24
Transitional provisions Schedule 6
Maritime Powers (Consequential Amendments) Bill 2012 No. , 2012 21
Schedule 6--Transitional provisions
1
2
1 Exercise of powers begun before commencement
3
(1) Neither:
4
(a) the amendments made by this Act; nor
5
(b)
the
Maritime Powers Act 2012;
6
apply in relation to the continuous exercise of powers begun under a
7
maritime law before the commencement of this Schedule.
8
(2)
In this item:
9
continuous exercise of powers has the same meaning as in the
10
Maritime Powers Act 2012.
11
maritime law means:
12
(a)
the
Customs Act 1901; or
13
(b)
the
Environment Protection and Biodiversity Conservation
14
Act 1999; or
15
(c)
the
Fisheries Management Act 1991; or
16
(d)
the
Migration Act 1958; or
17
(e)
the
Torres Strait Fisheries Act 1984.
18
2 Regulations
19
The Governor-General may make regulations prescribing matters of a
20
transitional nature (including prescribing any saving or application
21
provisions) relating to the amendments or repeals made by this Act.
22