Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_403:p2
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 403 (pt 2/2)
Character Range: 1171430–1173830

or Commonwealth aircraft, suspects on reasonable grounds that the aircraft has been used or otherwise involved in the commission of an offence against an environmental law; and
 (b) the requirement is made by means of an international signal code or other internationally recognised means of communication with an aircraft.
 (5) An authorised officer may, for the purposes of this Act or the Great Barrier Reef Marine Park Act 1975 (other than Part VIIA of that Act (compulsory pilotage)), require the person in charge of a vehicle, vessel, aircraft or platform to which this section applies to give information concerning any or all of the following:
 (a) the vehicle, vessel, aircraft or platform;
 (b) the crew or any other person on board the vehicle, vessel, aircraft or platform;
 (c) in the case of a vessel—any dory being operated in association with the vessel;
 (d) in the case of a vessel—any person operating a dory in association with the vessel.
 (5A) A person commits an offence if:
 (a) a requirement is made of the person under this section; and
 (b) the person fails to comply with the requirement.
Penalty:
 (a) if the requirement is made under subsection (2A)—imprisonment for 6 months or 30 penalty units, or both; or
 (b) if the requirement is made under subsection (3), (4) or (5)—50 penalty units.
 (5B) If there is a restraint on the liberty of a person on a vessel resulting from an authorised officer's exercise of a power under this section in relation to the vessel:
 (a) the restraint is not unlawful; and
 (b) civil or criminal proceedings in respect of the restraint may not be instituted or continued in any court against:
 (i) the authorised officer; or
 (ii) any person assisting the authorised officer in the exercise of the power; or
 (iii) the Commonwealth.
This subsection is not intended to affect the jurisdiction of the High Court under section 75 of the Constitution.
 (5C) A reference in this section to an offence against an environmental law does not include an offence against Part VIIA of the Great Barrier Reef Marine Park Act 1975 (compulsory pilotage).
 (6) In this Act:
Commonwealth aircraft means an aircraft in the service of the Commonwealth on which the prescribed ensign or prescribed insignia of the aircraft is displayed.
Commonwealth ship means a ship in the service of the Commonwealth on which the prescribed ensign of the ship is flying.