Commonwealth Numbered Acts

MARITIME POWERS ACT 2013 (NO. 15, 2013) - SECT 41

             (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.