Commonwealth Consolidated Acts Commonwealth Consolidated ActsThe Governor - General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect 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.
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 office r 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 author isation, 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) .
This Part sets out maritime powers .
M aritime 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) power s to seize and retain things;
(e) power s to detain vessels and aircraft;
(f) power s to plac e, detain, move and arrest persons;
(g) the power to require person s to cease conduct that contravenes Australian law.
This Part sets out processes for dealing with things taken in the exercise of powers under this Act .
Things taken fall into the following 3 categories:
(a) seized things;
(b) retained things;
(c) detained vessels and aircraft.
Written notice must be given to the owner of a seized, retained or detained thing, or to a person who had possession or control of the thing.
S eized thing s may be used for certain purposes , but must be returned unless:
(a) they are required for proceedings; or
(b) they have been disposed of under an Australian law ; or
(c ) they are seized under another Australian law; or
(d ) the Commonwealth claims ownership of the m .
(a) they have been disposed of under an Australian law ; or
(b) they are seized under an Australian law; or
(c) the Commonwealth claims ownership of th em .
The Minister may dispose of seized, retained and detained things on the grounds set out in Division 5.
If the Commonwealth claims ownership of a seized, retained or detained thing, a person may apply to a court for its return.
This Part sets out requirements for dealing with persons held in the exercise of powers under this Act.
P erson s arrested, detained or otherwise held :
(a) must not be subject to greater indignity than is necessary and reasonable (see section 37 ); and
(b) must be treated with humanity and respect for human dignity, and must not be subject to cruel, inhuman or degrading treatment (see section 95 ).
P erson s detained under provision s of other Act s must be dealt with under those Act s .
P erson s arrested must, as soon as practicable, be:
(a) taken before a magistrate; or
(b) delivered to a police officer or other appropriate person.