Document ID: chunk:federal_register_of_legislation:C2004A00551:clause:1_245b:p2
Version: federal_register_of_legislation:C2004A00551
Segment Type: clause
Provision Reference: sch 1 cl 245B (pt 2/2)
Character Range: 9468–11683

etc.

 (6) The commander may make the request if:
 (a) the master's ship is:
 (i) outside the outer edge of the contiguous zone of Australia; and
 (ii) outside the territorial sea of a foreign country; and
 (b) the commander reasonably suspects that the master's ship is a foreign ship that is entitled to fly the flag of a country; and
 (c) Australia has an agreement or arrangement with that country which enables the exercise of Australian jurisdiction over ships of that country.
The commander must not make the request under this subsection if it may be made under subsection (5).

Ships without nationality on high seas

 (7) The commander may make the request if:
 (a) the master's ship is:
 (i) outside the outer edge of the contiguous zone of Australia; and
 (ii) outside the territorial sea of a foreign country; and
 (b) any of the following applies:
 (i) the master's ship is not flying a flag of a country;
 (ii) the master's ship is flying a flag of a country and the commander reasonably suspects that the master's ship is not entitled to fly that flag;
 (iii) the commander reasonably suspects that the master's ship is not entitled to fly the flag of a country or has been flying the flag of more than one country; and
 (c) the Commander wishes to establish the identity of the master's ship.
The commander must not make the request under this subsection if it may be made under subsection (5) or (6).

Means of making request

 (8) The commander of a Commonwealth ship or Commonwealth aircraft may use any reasonable means to make a request under this section.

Request still made even if no master on the ship etc.

 (9) To avoid doubt, a request is still made under this section even if:
 (a) there was no master on board the ship to receive the request; or
 (b) the master did not receive or understand the request.

Master must comply with request

 (10) The master of a ship must comply with a request made under this section (other than subsection (7)) unless he or she has a reasonable excuse.

Penalty: Imprisonment for 2 years.

Note: The master's ship can still be boarded under section 245F or 245G even though the master has not complied with a request to board under this section.