Document ID: chunk:federal_register_of_legislation:C2004A00551:clause:1_245g:p1
Version: federal_register_of_legislation:C2004A00551
Segment Type: clause
Provision Reference: sch 1 cl 245G (pt 1/2)
Character Range: 26885–29485

245G  Boarding of certain ships on the high seas

Application of section

 (1) This section applies to a ship if:
 (a) a request has been made under:
 (i) subsection 245B(6) (request to board a ship of a country with which Australia has an agreement); or
 (ii) subsection 245B(7) (request to board a ship without nationality); and
 (b) the ship is:
  (i) outside the outer edge of the contiguous zone of Australia; and
 (ii) outside the territorial sea of any country (including Australia).

Powers to establish the identity of the ship

 (2) An officer may:
 (a) board the ship; and
 (b) ask all persons found on the ship questions about:
 (i) the identity of the ship; and
 (ii) the voyage of the ship; and
 (c) require all persons found on the ship to produce documents relevant to:
 (i) finding out the identity of the ship; or
 (ii) the voyage of the ship; and
 (d) require the master or a member of the master's crew to show the commander or a member of the commander's crew readings of the ship's navigation instruments relating to the voyage of the ship.

Officer discovers that the ship is an Australian ship

 (3) If, after exercising the powers in subsection (2), the officer is satisfied that the ship is an Australian ship, then section 245F applies to the ship.

Note: If section 245F applies to a ship, then the officer will be able to exercise all of the powers under that section in relation to the ship.

Officer confirms that the ship is covered by an agreement etc.

 (4) If:
 (a) after exercising the powers in subsection (2), the 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 the powers prescribed by the regulations consistently with that agreement or arrangement.

Officer discovers that the ship is not covered by an agreement etc.

 (5) If:
 (a) after exercising the powers in subsection (2), the officer is satisfied that the ship is a foreign ship that is entitled to fly the flag of a country; and
 (b) Australia does not have an agreement or arrangement with that country which enables the exercise of Australian jurisdiction over ships of that country;
then the officer must leave the ship as soon as is practicable.

Officer confirms that the ship is without nationality

 (6) If, after exercising the powers in subsection (2), the officer is satisfied that the ship is a foreign ship that:
 (a) is not entitled to fly the flag