Document ID: chunk:federal_register_of_legislation:C2004A00886:clause:1_3
Version: federal_register_of_legislation:C2004A00886
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 5741–7657

3  Subsection 185(3A)
Repeal the subsection, substitute:

People on detained ships or aircraft

 (3AAA) If an officer detains a ship or aircraft under this section, any restraint on the liberty of any person found on the ship or aircraft that results from the detention of the ship or aircraft is not unlawful, and proceedings, whether civil or criminal, in respect of that restraint may not be instituted or continued in any court against the Commonwealth, the officer or any person assisting the officer in detaining the ship or aircraft.

Jurisdiction of High Court

 (3AAB) Nothing in subsection (3AAA) is intended to affect the jurisdiction of the High Court under section 75 of the Constitution.

Powers of officers in respect of people found on detained ships or aircraft

 (3A) If an officer detains a ship or aircraft under this section, the officer may:
 (a) detain any person found on the ship or aircraft and bring the person, or cause the person to be brought, to the migration zone (within the meaning of the Migration Act 1958); or
 (b) take the person, or cause the person to be taken, to a place outside Australia.
The definition of place outside Australia in subsection 4(1) does not apply for the purposes of paragraph (b).

Powers to move people

 (3AA) For the purpose of moving a person under subsection (3A), an officer may, within or outside Australia:
 (a) place the person on a ship or aircraft; or
 (b) restrain the person on a ship or aircraft; or
 (c) remove the person from a ship or aircraft.

Protection if officers etc. act in good faith

 (3AB) Proceedings, whether civil or criminal, may not be instituted or continued, in respect of any action taken under subsection (3AA), against the Commonwealth, an officer or any person assisting an officer if the officer or person who took the action acted in good faith and used no more force than was authorised by subsection (3B).