Document ID: chunk:federal_register_of_legislation:C2013A00016:clause:4_13
Version: federal_register_of_legislation:C2013A00016
Segment Type: clause
Provision Reference: sch 4 cl 13
Character Range: 15620–17254

13  Subsection 164BA(1)
Repeal the subsection, substitute:

Non‑citizen on vessel (environment matters) outside migration zone
 (1) A non‑citizen on a vessel (environment matters) outside the migration zone is granted an enforcement visa when, because an environment officer, maritime officer or other person in command of a Commonwealth ship or a Commonwealth aircraft has reasonable grounds to suspect that the vessel has been used or otherwise involved in the commission of an environment detention offence, the environment officer, maritime officer or person in command:
 (a) exercises his or her power under paragraph 403(3)(a) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the vessel; or
 (b) makes a requirement of the person in charge of the vessel under paragraph 403(3)(b) of the Environment Protection and Biodiversity Conservation Act 1999; or
 (c) exercises powers under section 69 of the Maritime Powers Act 2013 in relation to the vessel;
whichever occurs first.
Note 1: Under paragraph 403(3)(a) of the Environment Protection and Biodiversity Conservation Act 1999, an environment officer, or the person in command of a Commonwealth ship or a Commonwealth aircraft, may bring a vessel into the migration zone. Under paragraph 403(3)(b) of that Act, an environment officer, or the person in command of a Commonwealth ship or a Commonwealth aircraft, may require the person in charge of a vessel to bring the vessel into the migration zone.
Note 2: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)).