Commonwealth Consolidated Acts

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Persons on detained vessels and aircraft

             (1)  This section applies to a person:

                     (a)  on a detained vessel or detained aircraft; or

                     (b)  whom a maritime officer reasonably suspects was on a vessel or aircraft when it was detained.

Note 1:       For detaining vessels and aircraft, see section 69.

Note 2:       For other provisions affecting powers under this section, see section 72A and Division 8A.

             (2)  A maritime officer may return the person to the vessel or aircraft.

             (3)  A maritime officer may require the person to remain on the vessel or aircraft until whichever of the following occurs first:

                     (a)  the vessel or aircraft is returned to a person referred to in subsection 87(1);

                     (b)  action is taken as mentioned in subsection 87(3) in relation to the vessel or aircraft.

Note:          It is an offence to fail to comply with a requirement under this subsection: see section 103.

             (4)  A maritime officer may detain the person and take the person, or cause the person to be taken, to a place (the destination ).

          (4A)  The destination may be:

                     (a)  in the migration zone; or

                     (b)  outside the migration zone (including outside Australia).

Note:          Section 75C contains additional provisions about the place that may be the destination.

          (4B)  A maritime officer may change the destination to a different place at any time (including a time after arrival at the place that was previously the destination). If the destination is changed to a different place:

                     (a)  that different place is then the destination; but

                     (b)  this does not affect the exercise of powers under this Act before the change.

Note:          It is possible that the destination may change more than once.

             (5)  For the purposes of taking the person to the destination, a maritime officer may within or outside Australia:

                     (a)  place the person on a vessel or aircraft, or in a particular place on a vessel or aircraft; or

                     (b)  restrain the person on a vessel or aircraft, or in a particular place on a vessel or aircraft; or

                     (c)  remove the person from a vessel or aircraft.

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