Document ID: chunk:federal_register_of_legislation:C2004A00551:clause:1_245f:p4
Version: federal_register_of_legislation:C2004A00551
Segment Type: clause
Provision Reference: sch 1 cl 245F (pt 4/4)
Character Range: 24654–26882

is satisfied that the ship is a foreign ship that is entitled to fly the flag of a country; and
 (b) Australia has an agreement or arrangement with that country which enables the exercise of Australian jurisdiction over ships of that country;
then the officer may exercise any powers prescribed by the regulations consistently with the agreement or arrangement in relation to the ship or persons found on the ship.

Complying with requirement by officer

 (15) A person must not, without reasonable excuse, refuse or fail to comply with a requirement made by an officer under this section.

Penalty: 100 penalty units.

Evidence may be used in prosecutions etc.

 (16) To avoid doubt, if, when exercising powers under this section, an officer obtains evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, then that evidence may be used, or given to another body for use, in:
 (a) investigating the offence; or
 (b) proceedings for the prosecution for the offence.
However, this subsection does not override or limit the operation of a law of a State about the evidence that may be used in proceedings for the prosecution for an offence against a law of that State.

Section not to limit officer's other powers

 (17) This section does not limit the use by an officer of any other powers under this Act.

Definition of officer

 (18) In this section, officer means an officer within the meaning of section 5, and includes:
 (a) any person who is in command, or a member of the crew, of:
 (i) the ship or aircraft from which the relevant request under section 245B or 245E was made; or
 (ii) a ship or aircraft that was used under section 245C or 245D to chase the ship in relation to which this section applies; and
 (b) a member of the Australian Defence Force.

Interpretation

 (19) In this section:
 (a) a reference to a person found on the ship or aircraft includes a reference to a person suspected on reasonable grounds by an officer of having landed from or left the ship or aircraft; and
 (b) a reference to goods found on the ship or aircraft includes a reference to goods suspected on reasonable grounds by an officer of having been removed from the ship or aircraft.