Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_164ba:p1
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 164BA (pt 1/2)
Character Range: 596985–599943

164BA  Grant of enforcement visas (environment matters)

Non‑citizen on vessel (environment matters) outside migration zone

 (1) A non‑citizen on a vessel (environment matters) outside the migration zone is granted an enforcement visa when, because an environment officer, or the person in command of a Commonwealth ship or a Commonwealth aircraft, has reasonable grounds to suspect that the vessel has been used or otherwise involved in the commission of an environment detention offence, the environment officer or person in command:
 (a) exercises his or her power under paragraph 403(3)(a) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the vessel; or
 (b) makes a requirement of the person in charge of the vessel under paragraph 403(3)(b) of the Environment Protection and Biodiversity Conservation Act 1999;
whichever occurs first.

Note 1: Under paragraph 403(3)(a) of the Environment Protection and Biodiversity Conservation Act 1999, an environment officer, or the person in command of a Commonwealth ship or a Commonwealth aircraft, may bring a vessel into the migration zone. Under paragraph 403(3)(b) of that Act, an environment officer, or the person in command of a Commonwealth ship or a Commonwealth aircraft, may require the person in charge of a vessel to bring the vessel into the migration zone.

Note 2: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)).

Non‑citizen in migration zone

 (2) A non‑citizen in the migration zone who does not already hold an enforcement visa is granted an enforcement visa when he or she is detained by an environment officer under Schedule 1 to the Environment Protection and Biodiversity Conservation Act 1999.

Note: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)).

Non‑citizen in prescribed circumstances

 (3) An enforcement visa is granted to a non‑citizen (who does not already hold an enforcement visa) when an environment officer exercises under the Environment Protection and Biodiversity Conservation Act 1999 a prescribed power in prescribed circumstances in relation to the non‑citizen. The visa is granted at the time the power is exercised.

Note: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)).

Non‑citizen on vessel or aircraft in prescribed circumstances

 (4) An enforcement visa is granted to a non‑citizen (who does not already hold an enforcement visa) who was on a vessel (environment matters) or a foreign aircraft (environment matters) when an environment officer exercises under the Environment Protection and Biodiversity Conservation Act 1999 a prescribed power in prescribed circumstances in relation to the vessel or aircraft. The visa is granted at the time the power is exercised.