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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