Document ID: chunk:federal_register_of_legislation:C2004A00551:clause:2_25:p2
Version: federal_register_of_legislation:C2004A00551
Segment Type: clause
Provision Reference: sch 2 cl 25 (pt 2/2)
Character Range: 94418–96472

part or the goods; or
 (b) it is not reasonably practicable to give that person such an opportunity.
This subsection has effect despite paragraphs (2)(a) and (b) and subsection (3B).

Limit on use of force to arrest or detain person on ships or aircraft

 (3D) In arresting or detaining a person found on the ship or aircraft, an officer:
 (a) must not use more force, or subject the person to greater indignity, than is necessary and reasonable to make the arrest or detention or to prevent the person escaping after the arrest or detention; and
 (b) must not do anything likely to cause the person grievous bodily harm unless the officer believes on reasonable grounds that doing the thing is necessary to protect life or prevent serious injury of another person (including the officer).
This subsection has effect despite paragraph (2)(d) and subsection (3B).

Limit on use of force to arrest fleeing person

 (3E) In arresting a person found on the ship or aircraft who is fleeing to escape arrest, an officer must not do anything likely to cause the person grievous bodily harm unless:
 (a) the person has, if practicable, been called on to surrender and the officer believes on reasonable grounds that the person cannot be apprehended in any other way; or
 (b) the officer believes on reasonable grounds that doing the thing is necessary to protect life or prevent serious injury of another person (including the officer).
This subsection applies in addition to subsection (3D) and has effect despite paragraph (2)(d) and subsection (3B).

If ship covered by agreement, officer may exercise other powers

 (3F) If:
 (a) an officer is satisfied that the ship is a foreign ship that is entitled to fly the flag of a country; and
 (b) Australia has an agreement or arrangement with that country which enables the exercise of Australian jurisdiction over ships of that country;
then the officer may exercise any powers prescribed by the regulations consistently with the agreement or arrangement in relation to the ship or persons found on the ship.