Document ID: chunk:federal_register_of_legislation:C2008A00074:clause:2_8:p1
Version: federal_register_of_legislation:C2008A00074
Segment Type: clause
Provision Reference: sch 2 cl 8 (pt 1/2)
Character Range: 32336–34924

8  Subsections 185AA(1), (2) and (3)
Repeal the subsections, substitute:

People found on ships and aircraft boarded under section 185

 (1) A person may be searched for the purposes set out in subsection (1A) if:
 (a) the person is found on a ship or aircraft that has been boarded under paragraph 185(2)(a); or
 (b) the person has been placed on a ship or aircraft under subsection 185(3AA).

 (1A) If a person may be searched for the purposes set out in this subsection, the person, the person's clothing and any property under the immediate control of the person, may, without warrant, be searched to find out whether the person is carrying, or there is hidden on the person, in the clothing or in the property:
 (a) a weapon or other thing capable of being used to inflict bodily injury or to help the person escape; or
 (b) a document, or other thing, that the officer or other person has reasonable grounds to believe may afford evidence of the commission of a relevant offence.

Note: Division 1B of this Part provides search powers in respect of certain persons suspected of unlawfully carrying prohibited goods.

 (1B) For the purposes of subsection (1A), a document, or other thing, carried or hidden on a person, in a person's clothing or in a person's property, may afford evidence of the commission of a relevant offence only if:
 (a) in a case where the person is found on a ship in Australia—the document or other thing may afford evidence of the commission of an offence, either in or outside Australia, against this Act, section 72.13 or Division 307 of the Criminal Code or an Act prescribed by the regulations; or
 (b) in a case where the person is found on a ship outside Australia—the document or other thing may afford evidence of the commission of an offence:
 (i) in Australia against this Act, section 72.13 or Division 307 of the Criminal Code or an Act prescribed by the regulations; or
 (ii) in Australia's exclusive economic zone against an Act prescribed by the regulations; or
 (c) in a case where the person is found on an aircraft in Australia—the document or other thing may afford evidence of the commission of an offence, either in or outside Australia, against this Act or section 72.13 or Division 307 of the Criminal Code.

People found on ships boarded under section 185A

 (2) A person may be searched for the purpose set out in subsection (2A) if the person is found on a ship that has been boarded under paragraph 185A(2)(a).

 (2A) If a person may be searched for the purpose set out in this subsection, the person, the person's clothing and