Document ID: chunk:federal_register_of_legislation:C2017C00123:section:41
Version: federal_register_of_legislation:C2017C00123
Segment Type: section
Provision Reference: s 41
Character Range: 46523–48862

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 1: For chased without interruption, see section 42.
Note 2: This section does not apply to the exercise of powers under Divisions 7 and 8 of Part 3 in some circumstances: see section 75D.
 (2) Only vessel identification powers may be exercised under paragraph (1)(f).
Note: For vessel identification powers, see section 8.