Commonwealth Numbered Acts

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MARITIME POWERS ACT 2013 (NO. 15, 2013) - SECT 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.



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