104   Maritime officers

             (1)  Each of the following is a maritime officer :

                     (a)  a member of the Australian Defence Force;

                     (b)  an officer of Customs (within the meaning of the Customs Act 1901 );

                     (c)  a member or special member of the Australian Federal Police;

                     (d)  a person appointed as a maritime officer by the Minister.

Limited appointments

             (2)  The Minister may appoint a person under paragraph (1)(d) as a maritime officer:

                     (a)  in relation to one or more of the following only:

                              (i)  a specified law;

                             (ii)  a specified international agreement or international decision; and

                     (b)  subject to any other conditions specified in the appointment.

             (3)  The appointment may limit the exercise of powers by the person as a maritime officer.

             (4)  Subsection (3) does not limit paragraph (2)(b).

105   Carrying and using arms

             (1)  A maritime officer who is authorised in another capacity as an officer (however described) of the Commonwealth or a State or Territory to carry and use arms may carry and use arms as a maritime officer.

             (2)  Any conditions applying to the carriage or use of arms by the officer in the officer’s other capacity apply in like manner to the carriage and use of arms by the officer as a maritime officer.

106   Identity cards

             (1)  The Minister may issue an identity card to a maritime officer.

             (2)  The identity card must:

                     (a)  contain a recent photograph of the officer; and

                     (b)  be in a form approved in writing by the Minister.

             (3)  A person commits an offence if:

                     (a)  the person has been issued with an identity card under subsection (1); and

                     (b)  the person ceases to be a maritime officer; and

                     (c)  the person does not immediately return the identity card to the Minister or a person nominated by the Minister.

Penalty:  1 penalty unit.

107   Protection from suit

                   None of the following is liable to an action, suit or proceeding for or in relation to an act done, or omitted to be done, in good faith in the exercise or performance, or the purported exercise or performance, of a power or function under this Act:

                     (a)  an authorising officer;

                     (b)  a maritime officer;

                     (c)  a person assisting;

                     (d)  any other person acting under the direction or authority of a maritime officer.

Note:          For person assisting , see subsection 38(5).

108   Evidence of international agreements and decisions

                   The Foreign Affairs Minister may, by signed writing, certify that, at a particular time, an international agreement or international decision provided for the exercise of powers by Australia in relation to a particular vessel, installation or aircraft.

Note:          Certificates under this section relate to requirements set out in paragraph 12(a).

109   Evidence of approvals

                   The Minister may, by signed writing, certify that the Minister had, at a particular time, approved without writing one or more of the following:

                     (a)  the exercise of maritime powers in relation to a particular aircraft for the purposes of investigating a particular contravention, or contraventions in general;

                     (b)  the exercise of powers under a particular international agreement or international decision in relation to a particular vessel, installation or aircraft.

Note:          Certificates under this section relate to requirements set out in paragraph 10(b) and subparagraph 12(b)(ii).

110   Evidence of requests and agreements—geographical limits on exercise of powers

                   The Foreign Affairs Minister may, by signed writing, certify:

                     (a)  that a particular country requested or agreed to the exercise of powers as required by a provision of Division 5 of Part 2 (geographical limits); and

                     (b)  the conditions or restrictions (if any) on which the request or agreement was made or given.

111   Certificates are prima facie evidence

                   For all purposes and in all proceedings, a certificate under this Division is prima facie evidence of the matters certified.

112   Chase costs

             (1)  This section applies if a maritime officer chases a vessel under subsection 54(3).

             (2)  The owner of the vessel or, if the vessel is owned by the Commonwealth or a State or Territory, any person who purports to own the vessel is liable to pay to the Commonwealth an amount equal to the reasonable costs incurred by the Commonwealth in conducting the chase.

             (3)  If the vessel has more than one owner or purported owner, the owners or purported owners are jointly and severally liable.

113   Seizure costs

             (1)  This section applies if:

                     (a)  notice of Commonwealth ownership of a thing is given; and

                     (b)  an application for an order for the return of the thing is made under section 89; and

                     (c)  proceedings in relation to the application have been finally determined without such an order being made.

             (2)  The person who made the application is liable to pay to the Commonwealth an amount equal to the sum of the costs reasonably incurred by the Commonwealth in relation to the following:

                     (a)  the custody of the thing;

                     (b)  the maintenance of the thing;

                     (c)  transport of the thing;

                     (d)  the costs of disposal of the thing.

             (3)  However, subsection (2) does not apply in relation to any costs:

                     (a)  met by the person who made the application; and

                     (b)  incurred with the agreement of the Commonwealth officer who has control of the thing.

             (4)  For the purposes of meeting such costs, the thing may be released into the custody of the person on such conditions as the Commonwealth officer thinks appropriate.

114   Liability to pay costs is a debt to the Commonwealth

             (1)  An amount payable by a person under this Division is a debt due by the person to the Commonwealth.

             (2)  The amount may be recovered by action in a court of competent jurisdiction.

             (3)  The Commonwealth’s right to recover the whole or a part of the amount may be waived by:

                     (a)  the Chief Executive Officer of Customs; or

                     (b)  the Secretary of the Department administered by the Minister who administers the Naval Defence Act 1910 .

115   Copying records or documents for other purposes

                   A maritime officer may copy a record or document, or a part of a record or document, found or produced in the exercise of powers under this Act if the officer is satisfied, on reasonable grounds, that the record or document may contain information relevant to:

                     (a)  security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979 ); or

                     (b)  the performance of functions under section 17 of the Australian Security Intelligence Organisation Act 1979 ; or

                     (c)  the performance of functions under section 6 of the Intelligence Services Act 2001 .

116   Sharing information

             (1)  A maritime officer may give information, a record or document, or a copy of a record or document, obtained in the exercise of powers under this Act (the maritime information ) to a cooperating agency for use by that agency in relation to:

                     (a)  matters concerning maritime security, maritime safety or maritime domain awareness; or

                     (b)  the exercise of the functions or powers of the agency.

             (2)  The maritime information may be or include personal information.

Note:          The use or disclosure of personal information obtained under this section is regulated under the Privacy Act 1988 .

             (3)  A maritime officer who is an officer (however described) of the Commonwealth in another capacity may disclose or provide maritime information as if the maritime information had been obtained by the officer in that other capacity.

             (4)  Each of the following is a cooperating agency :

                     (a)  the Australian Defence Force;

                     (b)  the Australian Federal Police;

                     (c)  the police force of a State or Territory;

                     (d)  any other agency of the Commonwealth, or a State or Territory, responsible for:

                              (i)  investigating contraventions of laws; or

                             (ii)  administering or ensuring compliance with laws; or

                            (iii)  gathering or evaluating intelligence; or

                            (iv)  security; or

                             (v)  defence;

                     (e)  an international body responsible for:

                              (i)  investigating contraventions of international agreements or international decisions; or

                             (ii)  administering or ensuring compliance with international agreements or international decisions;

                      (f)  any other body or agency prescribed by the regulations.

117   Compensation for acquisition of property

             (1)  If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (2)  In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

118   Compensation for damage to documents

             (1)  This section applies if:

                     (a)  as a result of the exercise of powers under this Act, a document is lost, destroyed or damaged; and

                     (b)  the loss, destruction or damage occurred wholly or partly as a result of:

                              (i)  insufficient care being taken in selecting the person to exercise the powers; or

                             (ii)  insufficient care being taken by the person exercising the powers.

             (2)  The Commonwealth is liable to pay the owner of the document a reasonable amount of compensation.

119   Compensation for damage to equipment

             (1)  This section applies if:

                     (a)  as a result of equipment being operated in the exercise of powers under this Act:

                              (i)  damage is caused to the equipment; or

                             (ii)  damage is caused to any data recorded on the equipment or data access to which was obtained from the operation of the equipment; or

                            (iii)  programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and

                     (b)  the damage or corruption occurs because:

                              (i)  insufficient care was exercised in selecting the person who was to operate the equipment; or

                             (ii)  insufficient care was exercised by the person operating the equipment.

             (2)  The Commonwealth is liable to pay the owner of the equipment, or the user of the data or programs, a reasonable amount of compensation.

             (3)  If the equipment was moved or seized, then, in determining the amount of compensation payable, regard is to be had to whether a person responsible for the equipment at the time provided any appropriate warning or guidance on the operation of the equipment.

             (4)  In this section:

damage , in relation to data, includes damage by erasure of data or addition of other data.

120   Amount of compensation—proceedings

                   If the Commonwealth does not agree with a person on the amount of the compensation to be paid under this Division, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

121   Delegation

             (1)  The Minister may, by writing, delegate any or all of his or her functions and powers under this Act to:

                     (a)  the Chief of the Defence Force, the Chief of Navy, the Chief of Army or the Chief of Air Force; or

                     (b)  the Commissioner or a Deputy Commissioner of the Australian Federal Police; or

                     (c)  an Agency Head (within the meaning of the Public Service Act 1999 ); or

                     (d)  an officer of the Australian Navy who holds a rank not below Commodore; or

                     (e)  an officer of the Australian Army who holds a rank not below Brigadier; or

                      (f)  an officer of the Australian Air Force who holds a rank not below Air Commodore; or

                     (g)  an SES employee with a classification not below Senior Executive Band 1 or equivalent.

             (2)  In exercising functions or powers delegated under subsection (1), the delegate must comply with any directions of the Minister.

122   Regulations

                   The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.