Document ID: chunk:federal_register_of_legislation:C2005A00103:clause:2_34
Version: federal_register_of_legislation:C2005A00103
Segment Type: clause
Provision Reference: sch 2 cl 34
Character Range: 169479–170389

34  At the end of section 42A
Add:

 (6) If:
 (a) under subsection (4) or (5) an officer is keeping a weapon, or a thing mentioned in subparagraph 42(1)(aa)(iv), found in a search of the subject; and
 (b) the subject is detained under Schedule 2;
the officer may continue to keep the weapon or thing for such time as he or she thinks necessary for the purposes of this Act or the Migration Act 1958.

Note: Once the subject ceases to be detained under this Act, the subject will generally need to be detained under the Migration Act 1958 while he or she is in the migration zone (because his or her enforcement visa under that Act will cease to have effect). Subsection (6) ensures the officer can keep the weapon or thing while the subject is detained under this Act or that Act.

Part 4—Forfeiture etc. of things involved in illegal fishing

Division 1—Main amendments

Torres Strait Fisheries Act 1984