Document ID: chunk:federal_register_of_legislation:C2004A00551:clause:2_184a:p2
Version: federal_register_of_legislation:C2004A00551
Segment Type: clause
Provision Reference: sch 2 cl 184A (pt 2/3)
Character Range: 77347–80030

(whether a foreign ship or an Australian ship); and
 (d) the request is made as soon as practicable after the contravention happens.

Suspicious foreign ships in EEZ

 (6) The commander may make the request if:
 (a) the master's ship is a foreign ship; and
 (b) the master's ship is in the exclusive economic zone of Australia; and
 (c) the commander reasonably suspects that the master's ship is, will be or has been involved in a contravention, or an attempted contravention, in Australia's exclusive economic zone of an Act prescribed by the regulations consistently with UNCLOS.

Mother ships on high seas supporting contraventions in EEZ

 (7) The commander may make the request if:
 (a) the master's ship is a foreign ship; and
 (b) the master's ship is:
 (i) outside the outer edge of the exclusive economic zone of Australia; and
 (ii) not within 500 metres of an Australian resources installation or Australian sea installation; and
 (iii) outside the territorial sea of a foreign country; and
 (c) the commander reasonably suspects that the master's ship is being or was used in direct support of, or in preparation for, a contravention in Australia's exclusive economic zone of an Act prescribed by the regulations consistently with UNCLOS, where the contravention involves another ship (whether a foreign ship or an Australian ship); and
 (d) the request is made as soon as practicable after the contravention happens.

Foreign ships on high seas and covered by an agreement etc.

 (8) The commander may make the request if:
 (a) the master's ship is:
 (i) outside the outer edge of the contiguous zone of Australia; and
 (ii) outside the territorial sea of a foreign country; and
 (b) the commander reasonably suspects that the master's ship is a foreign ship that is entitled to fly the flag of a country; and
 (c) Australia has an agreement or arrangement with that country which enables the exercise of Australian jurisdiction over ships of that country.
The commander must not make the request under this subsection if it may be made under subsection (5), (6) or (7).

Ships without nationality on high seas

 (9) The commander may make the request if:
 (a) the master's ship is:
 (i) outside the outer edge of the contiguous zone of Australia; and
 (ii) outside the territorial sea of a foreign country; and
 (b) any of the following applies:
 (i) the master's ship is not flying a flag of a country;
 (ii) the master's ship is flying a flag of a country and the commander reasonably suspects that the master's ship is not entitled to fly that flag;
 (iii) the commander reasonably suspects that the master's ship is not entitled to fly the flag of a country or