Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 15, 2013
Compilation No. 6
Compilation date: 5 April 2017
Includes amendments up to: Act No. 19, 2017
Registered: 6 April 2017
About this compilation
This compilation
This is a compilation of the Maritime Powers Act 2013 that shows the text of the law as amended and in force on 5 April 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Division 1--Preliminary
1 Short title
2 Commencement
3 Act binds the Crown
4 Application of Act
5 Effect on executive power
6 Relationship to other laws
Division 2--Guide to this Act
7 Guide to this Act
Division 3--Definitions
9 Involved in a contravention
10 Actionable contraventions--aircraft
11 Continuous exercise of powers
Division 4--International agreements and decisions
12 When international agreements and decisions apply
13 Treating foreign vessels as Australian vessels
14 Applying Australian law in other places
Part 2--Exercising powers
Division 1--Introduction
15 Guide to this Part
Division 2--Authorising the exercise of maritime powers
19 International agreements and decisions
20 Evidential material and warrants
21 Identifying vessels and aircraft
22 Seizable transit goods--aircraft
22A Failure to consider international obligations etc. does not invalidate authorisation
22B Rules of natural justice do not apply to authorisations
Division 3--Authorisations and approvals
23 When authorisations are in force
24 When approvals lapse
25 Form of authorisations and approvals
26 Further authorisations and approvals
Division 4--Exercising powers
Subdivision A--Effect of Division
27 Effect of Division
Subdivision B--Exercising powers without authorisation
28 Identifying aircraft
29 Ensuring safety
Subdivision C--Exercising powers with authorisation
30 Authorisation required
31 Exercising powers for authorised purpose
32 Exercising powers for other purposes
33 Additional powers and limitations under international agreements and decisions
Subdivision D--Scope of power
34 Scope of power--vessels, installations, aircraft and protected land areas
35 Warrants not required
36 Enforcing warrants
Subdivision E--Using force and assistance
37 Using force
38 Requesting assistance
39 Requiring assistance
Division 5--Geographical limits
Subdivision A--Exercising powers in other countries
40 Exercising powers in other countries
Subdivision B--Exercising powers between countries
41 Foreign vessels between countries
42 Meaning of chased without interruption
43 Foreign installations between countries
44 Foreign aircraft between countries
Subdivision C--Exercising powers in Australia
45 Foreign vessels in Australia--evidence and warrants authorisations
46 Vessels, installations and isolated persons in States and internal Territories
47 Aircraft in States and internal Territories
Subdivision D--Requests and agreements of other countries
48 Manner and form of requests and agreements
49 Scope of powers under requests and agreements
Part 3--Maritime powers
Division 1--Introduction
50 Guide to this Part
51 Effect of Part
Division 2--Boarding
52 Boarding vessels, installations and aircraft
53 Requirement to facilitate boarding
54 Additional powers--vessels
55 Additional powers--aircraft
Division 3--Entering on land
56 Entering on land
Division 4--Obtaining information
57 Requiring answers, records and documents
58 Obtaining readings
Division 5--Searching
59 Searching places
60 Lifting persons or things from the sea
61 Searching persons
62 Conducting frisk searches
Division 6--Things found or produced
63 Examining things
64 Securing and marking things
65 Copying records or documents
66 Securing weapons
67 Seizing things
68 Retaining things
Division 7--Detaining vessels, aircraft and other conveyances
69A Additional provisions relating to taking a vessel or aircraft to a destination under section 69
70 Other conveyances
Division 8--Placing and moving persons
71 Placing persons
72 Persons on detained vessels and aircraft
72A Additional provisions relating to taking a person to a destination under subsection 72(4)
73 Using detention provisions
74 Safety of persons
75 Restraint is not arrest
Division 8A--General provisions relating to powers under Divisions 7 and 8
75A Failure to consider international obligations etc. does not invalidate exercise of powers
75B Rules of natural justice do not apply to exercise of powers
75C Additional provisions about destination to which a vessel, aircraft or person may be taken
75D Exercising powers between countries
75E Powers are not limited by the Migration Act 1958
75F Minister may give directions about exercise of powers
75G Compliance with directions
75H Certain maritime laws do not apply to certain vessels detained or used in exercise of powers
Division 9--Arrest
76 Arrest for indictable offences
77 Enforcing arrest warrants
Division 10--Requiring conduct to cease
78 Requiring conduct to cease
Part 4--Dealing with things taken
Division 1--Introduction
79 Guide to this Part
Division 2--Notice of seizure, retention or detention
80 Notice of seizure, retention or detention
81 Information about the return of things
82 Notice of Commonwealth ownership
Division 3--Using seized things
83 Using seized things
84 Using seized things--State and Territory officers
85 Operating electronic equipment
Division 4--Returning things
86 Returning seized things
87 Returning retained and detained things
88 Magistrate may extend holding period
89 Returning things if notice of Commonwealth ownership given
90 Seizing under other Australian laws
Division 5--Disposing of things
91 Reasons for disposal
92 Methods of disposal
93 Notice of disposal
Part 5--Dealing with persons held
Division 1--Introduction
94 Guide to this Part
95 Treatment of persons held
96 Doing things as soon as practicable
Division 2--Persons detained
98 Persons detained under detention provisions
Division 3--Persons arrested
99 Application of this Division
100 Person to be informed of reason for arrest
101 Person to be brought before magistrate
102 Enforcing arrest warrants
Part 6--Failing to comply with requirements
103 Offence
Part 7--Miscellaneous
Division 1--Maritime officers
105 Carrying and using arms
106 Identity cards
107 Protection from suit
Division 2--Evidentiary certificates
108 Evidence of international agreements and decisions
109 Evidence of approvals
110 Evidence of requests and agreements--geographical limits on exercise of powers
111 Certificates are prima facie evidence
Division 3--Recovery of costs
112 Chase costs
113 Seizure costs
114 Liability to pay costs is a debt to the Commonwealth
Division 4--Gathering and sharing information
115 Copying records or documents for other purposes
116 Sharing information
Division 5--Compensation for acquisition of property
117 Compensation for acquisition of property
118 Compensation for damage to documents
119 Compensation for damage to equipment
120 Amount of compensation--proceedings
Division 6--Delegation and regulations
121 Delegation
122 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
15, 2013 | 27 Mar 2013 | s 3-122: 27 Mar 2014 (s 2(1) item 2) Remainder: 27 Mar 2013 (s 2(1) item 1) |
| |
Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 | 135, 2014 | 15 Dec 2014 | Sch 1 (items 1-30, 39): 16 Dec 2014 (s 2(1) item 2) | Sch 1 (item 39) |
Customs and Other Legislation Amendment (Australian Border Force) Act 2015 | 41, 2015 | 20 May 2015 | Sch 6 (items 129, 130) and Sch 9: 1 July 2015 (s 2(1) items 2, 7) | Sch 6 (item 130) and Sch 9 |
Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 | 62, 2015 | 16 June 2015 | Sch 2 (items 28, 29) and Sch 4: 16 June 2016 (s 2(1) items 2, 4) Sch 3: 16 June 2015 (s 2(1) item 3) | Sch 3 and Sch 4 |
164, 2015 | 2 Dec 2015 | Sch 2 (items 58, 59, 80): 1 July 2016 (s 2(1) item 2) | Sch 2 (item 80) | |
61, 2016 | 23 Sept 2016 | Sch 4 (items 4, 5): 21 Oct 2016 (s 2(1) item 1) | -- | |
19, 2017 | 4 Apr 2017 | Sch 8: 5 Apr 2017 (s 2(1) item 4) | Sch 8 (item 3) |
Provision affected | How affected |
Part 1 |
|
Division 2 |
|
s 7..................... | am No 135, 2014 |
Division 3 |
|
s 8..................... | am No 135, 2014; No 61, 2016 |
s 11.................... | am No 135, 2014 |
Part 2 |
|
Division 2 |
|
s 22A................... | ad No 135, 2014 |
s 22B................... | ad No 135, 2014 |
Division 4 |
|
Subdivision C |
|
s 31.................... | am No 135, 2014 |
Division 5 |
|
Subdivision A |
|
s 40.................... | am No 19, 2017 |
Subdivision B |
|
s 41.................... | am No 135, 2014 |
Part 3 |
|
Division 7 |
|
s 69.................... | am No 135, 2014 |
s 69A................... | ad No 135, 2014 |
Division 8 |
|
s 72.................... | am No 135, 2014 |
s 72A................... | am No 135, 2014 |
Division 8A |
|
Division 8A............... | ad No 135, 2014 |
s 75A................... | ad No 135, 2014 |
s 75B................... | ad No 135, 2014 |
s 75C................... | ad No 135, 2014 |
s 75D................... | ad No 135, 2014 |
s 75E................... | ad No 135, 2014 |
s 75F................... | ad No 135, 2014 |
s 75G................... | ad No 135, 2014 |
s 75H................... | ad No 135, 2014 |
Part 4 |
|
Division 1 |
|
s 79.................... | am No 135, 2014 |
Division 2 |
|
s 80.................... | am No 135, 2014 |
s 81.................... | am No 135, 2014 |
Division 4 |
|
s 86.................... | am No 135, 2014 |
s 87.................... | am No 135, 2014 |
Division 5 |
|
s 91.................... | am No 62, 2015 |
s 93.................... | am No 135, 2014 |
Part 5 |
|
Division 1 |
|
s 94.................... | am No 135, 2014 |
Division 2 |
|
s 97 | rep No 135, 2014 |
Part 7 |
|
Division 1 |
|
s 107................... | am No 135, 2014 |
Division 3 |
|
s 114................... | am No 41, 2015; No 164, 2015 |
Division 6 |
|
s 121................... | am No 135, 2014; No 164, 2015 |