Document ID: chunk:federal_register_of_legislation:C2005A00099:clause:1_87fb
Version: federal_register_of_legislation:C2005A00099
Segment Type: clause
Provision Reference: sch 1 cl 87FB
Character Range: 18928–20788

87FB  Officers' powers: WCPFC boat in Australian waters

WCPFC boats that have been fishing on the high seas

 (1) This section operates in relation to a WCPFC boat in the AFZ, Australia or an external Territory, but only if:
 (a) the WCPFC boat is equipped for fishing; and
 (b) an officer has reasonable grounds to believe that the boat is on a fishing trip; and
 (c) the officer has reasonable grounds to believe that, in the course of the fishing trip:
 (i) the boat has been used on the high seas in contravention of a WCPFC conservation and management measure; and
 (ii) the boat entered the AFZ after the contravention.

Note: Sections 105H and 105I make it an offence to use a WCPFC boat in certain areas of the high seas in contravention of a WCPFC conservation and management measure.

Officers' powers

 (2) Subsection 87FA(1) applies in relation to the boat (and to its master, a person on it and a thing on it) in the same way as it applies to a boat, master, person and thing described in paragraphs 87FA(1)(a), (b), (c) and (d).

Note 1: This gives an officer the powers described in section 84 (as modified by section 87FA) in relation to the boat, its master, a person on it and a thing on it.

Note 2: Section 87FD imposes certain requirements if an officer exercises powers on a WCPFC boat under section 84 as applied by this section.

Modifications of powers

 (3) However, subsection 87FA(1) applies as if the following paragraphs in the column headed "Modifications" of the table in that subsection were omitted:
 (a) paragraph (a) in item 2 of the table;
 (b) paragraph (c) in item 7 of the table.

Relationship with section 84

 (4) This section does not prevent an officer from exercising powers under section 84 as it applies of its own force, except in relation to a contravention of, or offence against, section 105H or 105I.