Document ID: chunk:federal_register_of_legislation:C2008A00036:clause:3_87ha:p2
Version: federal_register_of_legislation:C2008A00036
Segment Type: clause
Provision Reference: sch 3 cl 87HA (pt 2/2)
Character Range: 81786–83667

sea, archipelagic waters (as defined in the United Nations Convention on the Law of the Sea) or internal waters of a foreign country—the appropriate authority of that country.

Applying section 84

 (4) For the purposes of subsections (1) to (3), section 84 applies:
 (a) as if:
 (i) a reference to the AFZ included a reference to the high seas; and
 (ii) a reference to Australia or an external Territory included a reference to a foreign country, including the exclusive economic zone, territorial sea, archipelagic waters (as defined in the United Nations Convention on the Law of the Sea) or internal waters of that country; and
 (iii) a reference to a fishing concession, or a fishing concession under this Act, included a reference to an authorisation to fish (however described) issued by a foreign country or an international fisheries management organisation; and
 (iv) a reference to an offence against subsection 95(2) included a reference to an offence against section 105E, 105EA, 105F, 105FA, 105H or 105I; and
 (b) as affected by:
 (i) other provisions of this Act; or
 (ii) regulations made for the purposes of section 84 or any other provision of this Act.

Regulations may prescribe procedural requirements

 (5) In exercising powers under subsections (1) to (3), an officer must follow the procedures (if any) prescribed by the regulations.

 (6) The regulations may prescribe different procedures for the exercise of powers in relation to:
 (a) boats of different nationalities; or
 (b) boats covered by:
 (i) different international fisheries management organisations; or
 (ii) different international fisheries management measures; or
 (c) boats covered by the Fish Stocks Agreement.

Extra‑territorial operation of Act

 (7) This section does not limit:
 (a) the extra‑territorial operation that section 84 has apart from this section; or
 (b) section 87.