27   Effect of Division

                   This Division has effect subject to Division 5 (geographical limits).

28   Identifying aircraft

                   A maritime officer may, without authorisation, exercise aircraft identification powers to identify an aircraft.

Note:          For aircraft identification powers , see subsection 55(4).

29   Ensuring safety

                   A maritime officer may, without authorisation, exercise maritime powers to ensure the safety of the officer or any other person.

30   Authorisation required

                   If an authorisation is in force in relation to a vessel, installation, aircraft, protected land area or isolated person, a maritime officer may exercise powers in relation to the vessel, installation, aircraft, land or person in accordance with this Subdivision.

31   Exercising powers for authorised purpose

                   The maritime officer may exercise maritime powers to do whichever of the following applies in accordance with the authorisation:

                     (a)  investigate the contravention;

                     (b)  administer or ensure compliance with the monitoring law;

                     (c)  administer, ensure compliance with or investigate a contravention of the international agreement or international decision;

                     (d)  access or seize the evidential material;

                     (e)  enforce the warrant that is in force under an Australian law;

                      (f)  identify the vessel or aircraft;

                     (g)  retain the seizable transit goods.

32   Exercising powers for other purposes

             (1)  The maritime officer may also exercise maritime powers as follows:

                     (a)  to investigate or prevent any contravention of an Australian law that the officer suspects, on reasonable grounds, the vessel, installation, aircraft, protected land area or isolated person to be involved in;

                     (b)  to administer or ensure compliance with any monitoring law;

                     (c)  in the case of a vessel, installation or aircraft—to administer, ensure compliance with or investigate a contravention of any international agreement or international decision that the officer suspects, on reasonable grounds, applies to the vessel, installation or aircraft;

                     (d)  to access or seize any thing that the officer suspects, on reasonable grounds, is:

                              (i)  evidential material; or

                             (ii)  a border controlled drug or border controlled plant; or

                            (iii)  owned by the Commonwealth or a State or Territory;

                     (e)  to arrest any person whom the officer suspects, on reasonable grounds, has committed an indictable offence against an Australian law;

                      (f)  to enforce any warrant that is in force under an Australian law;

                     (g)  to retain any thing that the officer believes, on reasonable grounds, could be seized under an Australian law;

                     (h)  in the case of a vessel or aircraft—to identify the vessel or aircraft.

Exception—aircraft in flight

             (2)  Subsection (1) does not apply in relation to an aircraft in flight.

33   Additional powers and limitations under international agreements and decisions

Additional powers

             (1)  The maritime officer may also exercise powers in the case of a vessel, installation or aircraft if the powers are:

                     (a)  specified in an international agreement or international decision that applies to the vessel, installation or aircraft; and

                     (b)  prescribed by the regulations as powers that may be exercised in relation to vessels, installations or aircraft of that kind; and

                     (c)  exercised for the purposes of administering, ensuring compliance with or investigating a contravention of the agreement or decision.

Limitations on powers

             (2)  However, the officer must not exercise a power in relation to a vessel, installation or aircraft to administer, ensure compliance with or investigate a contravention of an international agreement or international decision if:

                     (a)  the power is prescribed by the regulations as a power that must not be exercised under the agreement or decision in relation to vessels, installations or aircraft of that kind; or

                     (b)  the officer is of a kind prescribed by the regulations as officers who must not exercise powers under the agreement or decision in relation to vessels, installations or aircraft of that kind.

             (3)  Subsection (2) has effect despite any other provision of this Subdivision.

34   Scope of power—vessels, installations, aircraft and protected land areas

                   A maritime officer exercising powers in relation to a vessel, installation, aircraft or protected land area may exercise the powers:

                     (a)  on or in any part of the vessel, installation, aircraft or land; or

                     (b)  in relation to any person or thing on, or in the vicinity of, the vessel, installation, aircraft or land; or

                     (c)  in relation to any person whom the officer suspects, on reasonable grounds, was on or is intending to go onto the vessel, installation, aircraft or land; or

                     (d)  in relation to any thing that the officer suspects, on reasonable grounds:

                              (i)  was on or is to be taken onto the vessel, installation, aircraft or land; or

                             (ii)  is, was or is to be, attached to or controlled or directed from the vessel, installation, aircraft or land.

35   Warrants not required

                   A maritime officer is not required to obtain a warrant to exercise any power under this Act.

36   Enforcing warrants

                   In enforcing a warrant that is in force under an Australian law, a maritime officer must comply with any requirements in the warrant that would have to be complied with by a person executing the warrant.

37   Using force

             (1)  In exercising powers under this Act, a maritime officer may use such force against a person or thing as is necessary and reasonable in the circumstances.

             (2)  The maritime officer must not:

                     (a)  subject a person to greater indignity than is necessary and reasonable to exercise the powers; or

                     (b)  do anything that is likely to cause the death of, or grievous bodily harm to, a person unless:

                              (i)  the officer believes on reasonable grounds that doing that thing is necessary to protect life or prevent serious injury to another person (including the officer); and

                             (ii)  if the person is attempting to escape arrest by fleeing—the person has, if practicable, been called on to surrender and the officer believes on reasonable grounds that the person cannot be apprehended in any other manner.

38   Requesting assistance

             (1)  A maritime officer may request the assistance of any other person (including an officer of another country).

             (2)  The request may include a request to:

                     (a)  operate a vessel, aircraft or installation in a particular manner; or

                     (b)  operate machinery or equipment on a vessel, aircraft, installation or land in a particular manner; or

                     (c)  search a person; or

                     (d)  assist the officer to access data held in, or accessible from, an electronic device that is on a vessel, aircraft, installation or land.

             (3)  Subsection (2) does not limit subsection (1).

             (4)  The person may refuse to assist.

             (5)  If the person agrees to assist, he or she:

                     (a)  must follow any directions given by the officer; and

                     (b)  is a person assisting .

Use of force by person assisting

             (6)  A person assisting may use such force against a thing as is necessary and reasonable in the circumstances.

39   Requiring assistance

             (1)  A maritime officer exercising powers in relation to a vessel, installation, aircraft or protected land area may require the assistance of a person who is on, in or in the vicinity of the vessel, installation, aircraft or land.

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

             (2)  The requirement may include a requirement to:

                     (a)  operate the vessel, installation or aircraft in a particular manner; or

                     (b)  operate machinery or equipment on the vessel, installation, aircraft or land in a particular manner; or

                     (c)  assist the officer to access data held in, or accessible from, an electronic device or any other equipment on the vessel, installation, aircraft or land; or

                     (d)  use such force against a thing as is necessary and reasonable in the circumstances.

             (3)  Subsection (2) does not limit subsection (1).

             (4)  However, the officer must not require the person to do anything that would endanger the health or safety of the person or any other person.

40   Exercising powers in other countries

                   This Act does not authorise the exercise of powers at a place in another country unless the powers are exercised:

                     (a)  at the request or with the agreement of the other country; or

                     (b)  to administer, ensure compliance with or investigate a contravention of an international agreement or international decision that applies in that place; or

                     (c)  to investigate a contravention of a law that:

                              (i)  applies in that place; and

                             (ii)  is prescribed by the regulations; or

                     (d)  to administer or ensure compliance with a monitoring law that:

                              (i)  applies in that place; and

                             (ii)  is prescribed by the regulations; or

                     (e)  in connection with the exercise of powers in accordance with this section, to ensure the safety of a maritime officer or any other person.

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 vessels, or persons on foreign vessels, in that place; or

                     (e)  to administer, ensure compliance with or investigate a contravention of an international agreement or international decision that applies to foreign vessels, 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 Australian vessel involved in a contravention within the exclusive economic zone, or waters above the continental 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:          For chased without interruption , see section 42.

             (2)  Only vessel identification powers may be exercised under paragraph (1)(f).

Note:          For vessel identification powers , see section 8.

42   Meaning of chased without interruption

             (1)  A vessel is chased without interruption if:

                     (a)  at a place where a maritime officer may exercise powers in relation to the vessel without having chased the vessel, a maritime officer requires the person in charge of the vessel to:

                              (i)  stop the vessel; or

                             (ii)  facilitate boarding of the vessel; and

                     (b)  the requirement is not complied with; and

                     (c)  the vessel is chased from that place; and

                     (d)  the chase is not interrupted.

Note:          For requirements to facilitate boarding and stop, see sections 53 and 54.

             (2)  The chase is not interrupted only because:

                     (a)  it is continued by another maritime officer; or

                     (b)  it is begun, or taken over, by a vessel or aircraft (including a vessel or aircraft of a foreign country) other than the vessel or aircraft from which the requirement was made; or

                     (c)  if the chase is continued by a vessel or aircraft of a foreign country—there is no maritime officer on board the vessel or aircraft; or

                     (d)  the vessel is out of sight of any or all of the maritime officers, or officers of a foreign country, involved in the chase; or

                     (e)  the vessel cannot be tracked by remote means, including radio, radar, satellite or sonar.

43   Foreign installations between countries

                   This Act does not authorise the exercise of powers in relation to a foreign installation at a place between Australia and another country unless the powers are exercised:

                     (a)  to administer, ensure compliance with or investigate a contravention of an international agreement or international decision that applies to foreign installations, or persons on foreign installations, in that place; or

                     (b)  at the request or with the agreement of the country that controls the installation; or

                     (c)  in connection with the exercise of powers in accordance with this section, to ensure the safety of a maritime officer or any other person.

44   Foreign aircraft between countries

                   This Act does not authorise the exercise of powers, other than aircraft identification powers, in relation to a foreign aircraft 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 aircraft, or persons on foreign aircraft, in that place; or

                     (b)  to administer, ensure compliance with or investigate a contravention of an international agreement or international decision that applies to foreign aircraft, or persons on foreign aircraft, in that place; or

                     (c)  at the request or with the agreement of the country of the aircraft’s nationality; or

                     (d)  in connection with the exercise of powers in accordance with this section, to ensure the safety of a maritime officer or any other person.

45   Foreign vessels in Australia—evidence and warrants authorisations

             (1)  This Act does not authorise the exercise of powers in relation to a foreign vessel under an evidence and warrants authorisation at a place in Australia unless:

                     (a)  the vessel is at a place in the internal waters of Australia; or

                     (b)  the vessel is passing through the territorial sea of Australia after leaving the internal waters of Australia; or

                     (c)  the powers are exercised:

                              (i)  at the request or with the agreement of the country of the vessel’s nationality; or

                             (ii)  in connection with the exercise of powers in accordance with this section, to ensure the safety of a maritime officer or any other person.

             (2)  Subsection (1) has effect subject to section 46.

46   Vessels, installations and isolated persons in States and internal Territories

                   This Act does not authorise the exercise of powers in relation to a vessel, installation or isolated person in a State or internal Territory unless the powers are exercised:

                     (a)  both:

                              (i)  as part of the continuous exercise of powers begun outside the State or internal Territory; and

                             (ii)  in relation to conduct that occurred outside a State or internal Territory; or

                     (b)  in relation to a law of the Commonwealth in waters navigable from waters of the sea; or

                     (c)  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:          The continuous exercise of powers does not end only because there is a period of time between the exercise of one or more of those powers: see section 11.

47   Aircraft in States and internal Territories

                   This Act does not authorise the exercise of powers in relation to an aircraft in a State or internal Territory unless the powers are exercised:

                     (a)  as part of the continuous exercise of powers begun outside the State or internal Territory in relation to conduct that occurred outside a State or internal Territory; or

                     (b)  in relation to a law of the Commonwealth; or

                     (c)  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:          The continuous exercise of powers does not end only because there is a period of time between the exercise of one or more of those powers: see section 11.

48   Manner and form of requests and agreements

             (1)  For the purposes of this Division, a request or agreement of another country:

                     (a)  need not be in writing; and

                     (b)  includes the following:

                              (i)  a standing request or agreement;

                             (ii)  a request or agreement relating to particular circumstances;

                            (iii)  a request or agreement that covers a particular period of time.

             (2)  The request or agreement may be made or given by any of the following:

                     (a)  the head of state of the country;

                     (b)  the head of the government of the country;

                     (c)  the minister of the government of the country who is responsible for foreign affairs;

                     (d)  the minister of the government of the country who is responsible for defence;

                     (e)  any official or body of the country that has, or could be expected to have, authority to make or give such a request or agreement.

49   Scope of powers under requests and agreements

             (1)  If:

                     (a)  the request or agreement of another country is made or given for the exercise of powers in relation to a vessel, installation, aircraft or isolated person for a particular purpose (the agreed purpose ); and

                     (b)  the request or agreement is relied on for the purposes of this Division;

a maritime officer may exercise any maritime power in relation to the vessel, installation, aircraft or person for the agreed purpose.

             (2)  However, subsection (1) does not authorise the exercise of a power specified in the request or agreement as a power that must not be exercised under the request or agreement in relation to the vessel, installation, aircraft or person.