Document ID: chunk:federal_register_of_legislation:C2004A00551:clause:2_184a:p1
Version: federal_register_of_legislation:C2004A00551
Segment Type: clause
Provision Reference: sch 2 cl 184A (pt 1/3)
Character Range: 74888–77584

184A  Request to board a ship

General power to request to board

 (1) In the circumstances described in subsection (2), (3), (4), (5), (6), (7), (8) or (9), the commander of a Commonwealth ship or Commonwealth aircraft may request the master of a ship to permit the commander, a member of the commander's crew or an officer to board the master's ship.

Note: Sections 185 and 185A give power to board the master's ship if a request is made under this section.

Foreign ships in Australian waters

 (2) The commander may make the request if the master's ship is a foreign ship that is on the landward side of the outer edge of Australia's territorial sea. However, the request must be made for the purposes of this Act or an Act prescribed by the regulations consistently with UNCLOS.

Australian ships outside territorial seas of other countries

 (3) The commander may make the request if:
 (a) the master's ship is an Australian ship; and
 (b) the master's ship is outside the territorial sea of any foreign country.
The commander must not make the request under this subsection if it may be made under subsection (9).

Foreign ships in contiguous zone or near installations

 (4) The commander may make the request if:
 (a) the master's ship is a foreign ship; and
 (b) the master's ship is either:
 (i) in the contiguous zone of Australia; or
 (ii) within 500 metres of an Australian resources installation or Australian sea installation; and
 (c) the commander:
 (i) wishes to establish the identity of the master's ship; or
 (ii) reasonably suspects that the master's ship is, will be or has been involved in a contravention, or an attempted contravention, in Australia of this Act or an Act prescribed by the regulations consistently with UNCLOS.

Mother ships on high seas supporting contraventions in Australia

 (5) The commander may make the request if:
 (a) the master's ship is a foreign ship; and
 (b) the master's ship is:
 (i) outside the outer edge of the contiguous zone of Australia; and
 (ii) not within 500 metres of an Australian resources installation or Australian sea installation; and
 (iii) outside the territorial sea of a foreign country; and
 (c) the commander reasonably suspects that the master's ship is being or was used in direct support of, or in preparation for, a contravention in Australia of this Act or an Act prescribed by the regulations consistently with UNCLOS, where the contravention involves another ship (whether a foreign ship or an Australian ship); and
 (d) the request is made as soon as practicable after the contravention happens.

Suspicious foreign ships in EEZ

 (6) The commander may make the request if:
 (a) the master's ship is