Document ID: chunk:federal_register_of_legislation:C2005A00099:clause:1_87fc:p1
Version: federal_register_of_legislation:C2005A00099
Segment Type: clause
Provision Reference: sch 1 cl 87FC (pt 1/2)
Character Range: 20788–23411

87FC  Limits on exercising certain powers in relation to WCPFC boats

 (1) An officer must not do any of the following unless the requirements of subsection (2) are met:
 (a) seize, detain or remove a thing that is, or is on, a WCPFC boat under paragraph 84(1)(g) as it applies because of section 87FA or 87FB; or
 (b) detain under paragraph 84(1)(ia) a person whom the officer has reasonable grounds to believe was on a WCPFC boat when it was used in the commission of an offence against section 105H or 105I; or
 (c) take from one place to another under paragraph 84(1)(ib) a person detained under paragraph 84(1)(ia) because an officer had reasonable grounds to believe the person was on a WCPFC boat when it was used in the commission of an offence against section 105H or 105I; or
 (d) arrest without warrant a person on a boat under paragraph 84(1)(j) as it applies because of section 87FA or 87FB; or
 (e) require the master of a WCPFC boat to remain in control of a boat at a place in Australia or a Territory under subparagraph 84(1)(k)(i) as it applies because of section 87FB; or
 (f) require the master of a WCPFC boat to bring the boat to a place under subparagraph 84(1)(k)(ii) or paragraph 84(1)(l) as it applies because of section 87FA or 87FB; or
 (g) bring a WCPFC boat to a place under paragraph 84(1)(m) as it applies because of section 87FA or 87FB.

 (2) The requirements are that:
 (a) an officer must believe on reasonable grounds that a person has committed an offence against section 105H or 105I involving the use of the boat; and
 (b) an officer must have notified the appropriate authority of the country of nationality of the boat of that belief; and
 (c) either:
 (i) the officer taking the action described in subsection (1) must reasonably believe that the appropriate authority of the country of nationality of the boat has authorised the action (specifically or in general terms); or
 (ii) the circumstances described in subsection (4) exist.

 (3) If a notification referred to in paragraph (2)(b) is made by an instrument, the instrument is not a legislative instrument.

 (4) The circumstances are that:
 (a) the country of nationality of the boat has not acted in accordance with its international obligations arising from the notification; and
 (b) an officer has reasonable grounds to believe that a person has seriously violated a WCPFC conservation and management measure in relation to the boat.

Note: Article 25 of the WCPFC requires the country of nationality of the WCPFC boat to do certain things if it is notified.

 (5) A person seriously violates a WCPFC conservation and