Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 259

Detention of vessel for purpose of search

             (1)  The Secretary or Australian Border Force Commissioner may, by notice in writing to the master of a vessel which has arrived in Australia not more than one month before the date of the notice, order that the vessel remain at a port or place for a reasonable time specified in the notice for the purpose of enabling a search of the vessel to be made in order to ascertain whether there are on the vessel any unlawful non-citizens or any persons seeking to enter Australia in circumstances in which they would become unlawful non-citizens.

             (2)  The master of a vessel in respect of which an order is in force under this section shall not, during the time specified in the order, move the vessel without the consent of the Secretary or Australian Border Force Commissioner.

Penalty:  200 penalty units.

             (3)  An offence against subsection (2) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .



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