Document ID: chunk:federal_register_of_legislation:C2005A00103:clause:1_2
Version: federal_register_of_legislation:C2005A00103
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 7724–8460

2  After subsection 42(2)
Insert:

 (2AAA) If there is a restraint on the liberty of a person on a boat resulting from an officer's exercise of a power under paragraph (1)(d), (e), (g) or (h) in relation to a boat:
 (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 officer; or
 (ii) any person assisting the officer in the exercise of the power; or
 (iii) AFMA; or
 (iv) the Commonwealth.
This subsection is not intended to affect the jurisdiction of the High Court under section 75 of the Constitution.

Part 2—Provisions relating to detention of suspected illegal foreign fishers

Fisheries Management Act 1991