Document ID: chunk:federal_register_of_legislation:C2004A00551:clause:1_164b:p1
Version: federal_register_of_legislation:C2004A00551
Segment Type: clause
Provision Reference: sch 1 cl 164B (pt 1/2)
Character Range: 47908–50737

164B  Grant of enforcement visas

Non‑citizen on foreign boat outside migration zone

 (1) A non‑citizen on a foreign boat outside the migration zone is granted an enforcement visa when, because a fisheries officer has reasonable grounds to believe that the boat has been used, is being used or is intended to be used in the commission of a fisheries detention offence, a fisheries officer:
 (a) makes a requirement of the boat's master under subparagraph 84(1)(k)(ii) or paragraph 84(1)(l) of the Fisheries Management Act 1991; or
 (b) exercises his or her power under paragraph 84(1)(m) of that Act in relation to the boat;
whichever occurs first.

Note 1: Under subparagraph 84(1)(k)(ii) and paragraph 84(1)(l) of the Fisheries Management Act 1991, a fisheries officer may require the master of a boat to bring or take the boat into the migration zone. Under paragraph 84(1)(m) of that Act, a fisheries officer may bring a boat into the migration zone.

Note 2: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)).

Non‑citizen in migration zone

 (2) A non‑citizen in the migration zone who does not already hold an enforcement visa is granted an enforcement visa when he or she is detained by a fisheries officer under paragraph 84(1)(ia) of the Fisheries Management Act 1991.

Note: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)).

Non‑citizen in prescribed circumstances

 (3) An enforcement visa is granted to a non‑citizen (who does not already hold an enforcement visa) when a fisheries officer exercises under the Fisheries Management Act 1991 a prescribed power in prescribed circumstances in relation to the non‑citizen. The visa is granted at the time the power is exercised.

Note: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)).

Non‑citizen on foreign boat in prescribed circumstances

 (4) An enforcement visa is granted to a non‑citizen (who does not already hold an enforcement visa) who was on a foreign boat when a fisheries officer exercises under the Fisheries Management Act 1991 a prescribed power in prescribed circumstances in relation to the boat. The visa is granted at the time the power is exercised.

Note: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)).

Enforcement visas granted by force of this section

 (5) To avoid doubt, an enforcement visa is granted by force of this section.

Note: No administrative action under this Act is necessary to grant the visa.

Exception if Minister's declaration in force

 (6) Despite subsections (1), (2), (3) and (4),