Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_8
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 1456025–1456852

8  Power to detain
 (1) An authorised officer may detain a person in Australia or a Territory for the purposes of determining during the period of detention whether or not to charge the person with an offence against an environmental law, or an offence against section 6 of the Crimes Act 1914 relating to such an offence, if the authorised officer has reasonable grounds to believe that the person:
 (a) is not an Australian citizen or an Australian resident; and
 (b) either or both of the following:
 (i) was on a foreign vessel when it was used or otherwise involved in the commission of the offence;
 (ii) committed the offence in the Australian jurisdiction but outside the migration zone.
 (2) Subclause (1) does not authorise an authorised officer to use more force in detaining a person than is reasonably necessary.