Document ID: chunk:federal_register_of_legislation:C2004A00551:clause:1_245c
Version: federal_register_of_legislation:C2004A00551
Segment Type: clause
Provision Reference: sch 1 cl 245C
Character Range: 11686–14255

245C  Power to chase foreign ships for boarding

Generally, foreign ships may be chased if request to board is made

 (1) To enable the boarding of a foreign ship whose master has not complied with a request to board under section 245B (other than subsection 245B(7)), the commander of a Commonwealth ship or Commonwealth aircraft may use it to chase, or continue the chase of, the foreign ship to any place outside the territorial sea of a foreign country.

Note: Subsection 245B(7) is about requests to board ships without nationality that are on the high seas. Section 245G allows those ships to be boarded, even though the master of the ship has not complied with the request to board.

Using different Commonwealth ships or aircraft to continue chase

 (2) To avoid doubt, a Commonwealth ship or Commonwealth aircraft may be used in the chase even if its commander did not make the request under section 245B.

When foreign ships may be chased without a request being made

 (3) The commander of a Commonwealth ship or Commonwealth aircraft may use it to chase, or continue the chase of, a foreign ship to a place outside the territorial sea of a foreign country to enable the boarding of the foreign ship if, immediately before the start of the chase, the commander could have made a request to board the foreign ship under subsection 245B(5).

Chase may continue even if the foreign ship is out of sight

 (4) A chase under this section may continue even if the crew of all of the Commonwealth ships and Commonwealth aircraft involved in the chase lose sight of the chased ship or lose trace of it from radar or other sensing devices.

Chase may not continue after interruption

 (5) The commander of a Commonwealth ship or Commonwealth aircraft must not use it to chase, or continue the chase of, a ship under this section if the chase is interrupted (within the meaning of Article 111 of UNCLOS) at a place outside the outer edge of the contiguous zone. This subsection has effect despite subsections (1), (3) and (4).

Means that may be used to enable boarding of the foreign ship

 (6) Anywhere outside the territorial sea of a foreign country, the commander of a Commonwealth ship or Commonwealth aircraft chasing a ship under this section may use any reasonable means consistent with international law to enable boarding of the chased ship, including:
 (a) using necessary and reasonable force; and
 (b) where necessary and after firing a gun as a signal, firing at or into the chased ship to disable it or compel it to be brought to for boarding.