Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_8
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 523632–524469

8  Power to detain

 (1) An authorised officer may detain a person in Australia or a Territory for the purposes of determining during the period of detention whether or not to charge the person with an offence against this Act or the regulations, or an offence against section 6 of the Crimes Act 1914 relating to such an offence, if the authorised officer has reasonable grounds to believe that the person:
 (a) is not an Australian citizen or an Australian resident; and
 (b) either or both of the following:
 (i) was on a foreign vessel when it was used or otherwise involved in the commission of the offence;
 (ii) committed the offence in the Australian jurisdiction but outside the migration zone.

 (2) Subclause (1) does not authorise an authorised officer to use more force in detaining a person than is reasonably necessary.