Document ID: chunk:federal_register_of_legislation:C2024C00644:clause:2_15
Version: federal_register_of_legislation:C2024C00644
Segment Type: clause
Provision Reference: sch 2 cl 15
Character Range: 303046–304287

15                                                                    Subsection 261AK(3)                         Subclause 38(3)

Limits on authorisation
 (2) However, the person is not taken to be authorised to carry out an identification test in relation to which section 5D of the Migration Act 1958 provides that the person is not an authorised officer (for the purposes of that Act).
Note: This is relevant to items 9 to 15 of the table in subclause (1).

Persons specified by AFMA not authorised
 (3) AFMA may, by instrument, specify that the person is not taken to be authorised:
 (a) for the purposes of the provision of this Schedule; or
 (b) for the purposes of carrying out under this Schedule identification tests of a type specified under section 5D of the Migration Act 1958 in relation to the person.
The instrument has effect according to its terms, despite subclause (1).
 (4) An instrument under subclause (3) may specify one or more persons by reference to their being members of a specified class at or after a time specified in the instrument.
 (5) An instrument made under subclause (3) is not a legislative instrument.

Part 2—Detaining suspected illegal foreign fishers

Division 1—Initial detention by an officer