Document ID: chunk:federal_register_of_legislation:C2004A00551:clause:1_245f:p1
Version: federal_register_of_legislation:C2004A00551
Segment Type: clause
Provision Reference: sch 1 cl 245F (pt 1/4)
Character Range: 17525–20107

245F  Power to board and search etc. ships and aircraft

Application of section to ships

 (1) This section applies to a ship that is outside the territorial sea of a foreign country if:
 (a) a request to board the ship has been made under section 245B; or
 (b) the ship is a foreign ship described in subsection 245C(3) (which allows foreign ships on the high seas to be chased); or
 (c) the ship is an Australian ship.
However, this section does not apply to a ship if a request to board the ship has been made under subsection 245B(6) or (7) (certain ships on the high seas), unless an officer is satisfied under subsection 245G(3) that the ship is an Australian ship.

Note: Section 245G deals with the boarding of ships where a request has been made under subsection 245B(6) or (7).

Application of section to aircraft

 (2) This section applies to an aircraft that has landed in Australia for boarding as a result of a request made under section 245E.

Officer's powers

 (3) An officer may:
 (a) board and search the ship or aircraft; and
 (b) search and examine any goods found on the ship or aircraft; and
 (c) secure any goods found on the ship or aircraft; and
 (d) require all persons found on the ship or aircraft to answer questions, and produce any documents in their possession, in relation to the following:
 (i) the ship or aircraft, its voyage or flight and its cargo, stores, crew and passengers;
 (ii) the identity and presence of those persons on the ship or aircraft;
 (iii) a contravention, an attempted contravention or an involvement in a contravention or attempted contravention, either in or outside Australia, of this Act; and
 (e) copy, or take extracts from, any document:
 (i) found on the ship or aircraft; or
 (ii) produced by a person found on the ship or aircraft as required under paragraph (d); and
 (f) arrest without warrant any person found on the ship or aircraft if:
 (i) in the case of a person found on a ship or aircraft that is in Australia—the officer reasonably suspects that the person has committed, is committing or attempting to commit, or is involved in the commission of, an offence, either in or outside Australia, against this Act; and
 (ii) in the case of a person found on a ship that is outside Australia—the officer reasonably suspects that the person has committed, is committing or attempting to commit, or is involved in the commission of, an offence in Australia against this Act.

 (4) Any exercise of the power of arrest referred to in subsection (3) in the contiguous zone in relation to Australia is subject to