Document ID: chunk:federal_register_of_legislation:C2017C00123:section:72
Version: federal_register_of_legislation:C2017C00123
Segment Type: section
Provision Reference: s 72
Character Range: 74898–76916

72  Persons on detained vessels and aircraft
 (1) This section applies to a person:
 (a) on a detained vessel or detained aircraft; or
 (b) whom a maritime officer reasonably suspects was on a vessel or aircraft when it was detained.
Note 1: For detaining vessels and aircraft, see section 69.
Note 2: For other provisions affecting powers under this section, see section 72A and Division 8A.
 (2) A maritime officer may return the person to the vessel or aircraft.
 (3) A maritime officer may require the person to remain on the vessel or aircraft until whichever of the following occurs first:
 (a) the vessel or aircraft is returned to a person referred to in subsection 87(1);
 (b) action is taken as mentioned in subsection 87(3) in relation to the vessel or aircraft.
Note: It is an offence to fail to comply with a requirement under this subsection: see section 103.
 (4) A maritime officer may detain the person and take the person, or cause the person to be taken, to a place (the destination).
 (4A) The destination may be:
 (a) in the migration zone; or
 (b) outside the migration zone (including outside Australia).
Note: Section 75C contains additional provisions about the place that may be the destination.
 (4B) A maritime officer may change the destination to a different place at any time (including a time after arrival at the place that was previously the destination). If the destination is changed to a different place:
 (a) that different place is then the destination; but
 (b) this does not affect the exercise of powers under this Act before the change.
Note: It is possible that the destination may change more than once.
 (5) For the purposes of taking the person to the destination, a maritime officer may within or outside Australia:
 (a) place the person on a vessel or aircraft, or in a particular place on a vessel or aircraft; or
 (b) restrain the person on a vessel or aircraft, or in a particular place on a vessel or aircraft; or
 (c) remove the person from a vessel or aircraft.