Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MARITIME POWERS ACT 2013 - SECT 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 vessel s , or persons on foreign vessel s , in that place; or

  (e)   to adm inister, ensure compliance with or investigate a contravention of an international agreement or international decision that applies to foreign vessel s , 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 Australia n vessel involved in a contravention within the exclusive economic zone, or waters above the con tinental 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 .


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback