Commonwealth Numbered Acts

FISHERIES LEGISLATION AMENDMENT (NEW GOVERNANCE ARRANGEMENTS FOR THE AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY AND OTHER MATTERS) ACT 2008 (NO. 36, 2008) - SCHEDULE 4

Fisheries Management Act 1991

1  Paragraphs 87(1)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  subsection (1A), (1B) or (1C) applies in relation to the person or boat; and

                     (b)  the power is exercised at or immediately after the end of the pursuit referred to in whichever of subsection (1A), (1B) or (1C) applies.

Note:       The heading to section 87 is replaced by the heading " Officers' powers at place outside AFZ following pursuit ".

2  After subsection 87(1)

Insert:

Person or boat pursued from within AFZ

          (1A)  This subsection applies in relation to a person or a boat if one or more officers (whether or not including the officer exercising the power under section 84):

                     (a)  pursued the person or boat without interruption from a place in the AFZ to the place referred to in subsection (1); and

                     (b)  if the power is to be exercised in relation to a foreign boat or a person who is on such a boat--ordered, when the boat was in the AFZ, the master of the boat to stop the boat to allow an officer to board it.

Australian boat outside AFZ supporting foreign boat in AFZ

          (1B)  This subsection applies in relation to an Australian boat (the support boat ), or a person on such a boat, if:

                     (a)  one or more officers (whether or not including the officer exercising the power under section 84) have pursued the support boat without interruption from a place outside the AFZ to the place referred to in subsection (1); and

                     (b)  the officer exercising the power under section 84 has reasonable grounds to believe that:

                              (i)  the support boat has been used in support of, or in preparation for, the use of another boat in the commission of an offence against section 100, 100A, 100B, 101, 101A or 101AA; and

                             (ii)  immediately before the pursuit began, the support boat was still being used in support of the other boat or in preparation for the commission of such an offence by the other boat; and

                     (c)  the other boat was in the AFZ when the pursuit began.

Foreign boat outside AFZ supporting foreign boat in AFZ

          (1C)  This subsection applies in relation to a foreign boat (the support boat ), and a person on such a boat, if:

                     (a)  one or more officers (whether or not including the officer exercising the power under section 84) have pursued the support boat without interruption from a place outside the AFZ to the place referred to in subsection (1); and

                     (b)  the officer exercising the power under section 84 has reasonable grounds to believe that the support boat has been used in support of, or in preparation for, the use of another boat in the commission of an offence against section 100, 100A, 100B, 101, 101A or 101AA; and

                     (c)  one or more officers (whether or not including the officer exercising the power under section 84), as soon as practicable after the offence referred to in paragraph (b) was committed, ordered the master of the support boat to stop the support boat to allow an officer to board it; and

                     (d)  the officer exercising the power under section 84 has reasonable grounds to believe that, immediately before the order was made, the support boat was still being used in support of the other boat or in preparation for the commission of an offence referred to in paragraph (b) by the other boat; and

                     (e)  the other boat was in the AFZ when the order referred to in paragraph (c) was made.

3  Subsection 87(2)

Omit "subsection (1)", substitute "subsections (1A), (1B) and (1C)".

4  Subsection 87(2)

Omit "terminated or substantially".

5  At the end of section 87

Add:

             (4)  For the purposes of subsections (1A), (1B) and (1C), a person or boat is taken to have been pursued even if the person or boat does not seek to evade an officer.

             (5)  An officer may use any reasonable means to make an order under paragraph (1A)(b) or (1C)(c).

             (6)  An order is still made under paragraph (1A)(b) or (1C)(c) even if:

                     (a)  there was no master on board the boat to receive the order; or

                     (b)  the master did not receive or understand the order.

             (7)  Paragraph 84(1)(a) applies, for the purposes of subsection (1), in relation to a support boat to which subsection (1B) or (1C) applies, as if the support boat were in the AFZ.

6  Subsections 101B(3), (4) and (5)

Repeal the subsections.

Migration Act 1958

7  Paragraph 43(5)(b)

Before "87B", insert "87,".

8  Paragraph 164B(1A)(b)

Before "87B", insert "87,".