Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_621
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 621
Character Range: 419691–420683

621  After subsection 403(5)
Insert:

 (5A) A person commits an offence if:
 (a) a requirement is made of the person under this section; and
 (b) the person fails to comply with the requirement.

Penalty:
 (a) if the requirement is made under subsection (2A)—imprisonment for 6 months or 30 penalty units, or both; or
 (b) if the requirement is made under subsection (3), (4) or (5)—50 penalty units.

 (5B) If there is a restraint on the liberty of a person on a vessel resulting from an authorised officer's exercise of a power under this section in relation to the vessel:
 (a) the restraint is not unlawful; and
 (b) civil or criminal proceedings in respect of the restraint may not be instituted or continued in any court against:
 (i) the authorised officer; or
 (ii) any person assisting the authorised officer in the exercise of the power; or
 (iii) the Commonwealth.
This subsection is not intended to affect the jurisdiction of the High Court under section 75 of the Constitution.