Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:8:p3
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 8 (pt 3/10)
Character Range: 857152–859774

does not lie against an individual who, at the request of an officer under subregulation 5.35C(4), conducts a search under that subregulation if the individual acts in good faith and does not contravene subregulation 5.35C(5).

5.35E  Powers when boarding certain foreign ships (Act s 245F(14))
  For subsection 245F(14) of the Act, the powers that the officer may exercise, consistently with the agreement or arrangement, are the powers to do the following:
 (a) search, without warrant:
 (i) an individual on the ship; or
 (ii) the clothing of the individual; or
 (iii) any property under the immediate control of the individual;
 (b) take possession of any weapon for as long as the officer thinks necessary for the purposes of this regulation;
 (c) restrain any individual on board the ship for as long as the officer thinks necessary for the purposes of this regulation;
 (d) detain the ship for as long as the officer thinks necessary for the purposes of this regulation;
 (e) bring the ship, or cause it to be brought, to a place that the officer considers appropriate.

5.35F  Powers when boarding certain foreign ships on the high seas (Act s 245G(4))
 (1) For subsection 245G(4) of the Act, the powers that the officer may exercise, consistently with the agreement or arrangement, are the powers to do the following:
 (a) search the ship;
 (b) search, without warrant:
 (i) an individual on the ship; or
 (ii) the clothing or the individual; or
 (iii) any property under the immediate control of the individual;
 (c) take possession of any weapon for as long as the officer thinks necessary for the purposes of this regulation;
 (d) restrain any individual on board the ship for as long as the officer thinks necessary for the purposes of this regulation;
 (e) detain the ship for as long as the officer thinks necessary for the purposes of this regulation;
 (f) bring the ship, or cause it to be brought, to a port or other place that the officer considers appropriate;
 (g) return to the ship any individual who:
 (i) was on the ship when it was initially detained under paragraph (e); and
 (ii) later leaves the ship.
 (2) Subject to this Division, an officer may use such force as is necessary and reasonable in the exercise of a power under this regulation.
 (3) In searching the ship, an officer must not damage the ship or any goods on the ship by forcing open a part of the ship or the goods unless:
 (a) the individual (if any) apparently in charge of the ship has been given a reasonable opportunity to open that part or the goods; or
 (b) it is not reasonably practical to give that individual such an