Document ID: chunk:federal_register_of_legislation:C2025C00037:section:42:p2
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 42 (pt 2/3)
Character Range: 256620–259298

is in or above waters beyond the outer limits of the territorial sea of Australia;
  to assist in that investigation;
the warrant is taken to permit that surveillance if, and only if, the surveillance has been agreed to by an appropriate consenting official of the foreign country.
 (4) Despite subsections (1), (2) and (3), if:
 (a) a vessel that is registered under the law of a foreign country is in waters beyond the outer limits of the territorial sea of Australia but not beyond the outer limits of the contiguous zone of Australia; and
 (b) the relevant offence in respect of which it becomes apparent that surveillance on the vessel will be required is an offence relating to the customs, fiscal, immigration or sanitary laws of Australia;
there is no requirement for the agreement of an appropriate consenting official of the foreign country concerned in relation to that surveillance while the vessel is in such waters.
 (5) Despite subsections (1), (2) and (3), if:
 (a) a vessel that is registered under the law of a foreign country is in waters beyond the outer limits of the territorial sea of Australia but not beyond the outer limits of the Australian fishing zone; and
 (b) the relevant offence in respect of which it becomes apparent that surveillance on the vessel will be required is an offence against section 100, 100A, 100B, 101, 101A or 101AA of the Fisheries Management Act 1991 or section 46A, 46B, 46C, 46D, 49A or 51A of the Torres Strait Fisheries Act 1984;
there is no requirement for the agreement of an appropriate consenting official of the foreign country concerned in relation to that surveillance while the vessel is in those waters.
 (6) As soon as practicable after the commencement of surveillance under the authority of a surveillance device warrant:
 (a) in a foreign country; or
 (b) in circumstances where consent to that surveillance is required—on a vessel or aircraft that is registered under the law of a foreign country;
the chief officer of the law enforcement agency to which the law enforcement officer who applied for the warrant belongs or is seconded must give the Minister evidence in writing that the surveillance has been agreed to by an appropriate consenting official of the foreign country.
 (7) An instrument providing evidence of the kind referred to in subsection (6) is not a legislative instrument.
 (8) If a vessel or aircraft that is registered under the laws of a foreign country is in or above the territorial sea of another foreign country, subsections (1), (2) and (3) have effect as if the reference to an appropriate consenting official of the foreign country were a reference to an appropriate consenting