Document ID: chunk:federal_register_of_legislation:C2004A00551:clause:1_245f:p2
Version: federal_register_of_legislation:C2004A00551
Segment Type: clause
Provision Reference: sch 1 cl 245F (pt 2/4)
Character Range: 19884–22471

to commit, or is involved in the commission of, an offence in Australia against this Act.

 (4) Any exercise of the power of arrest referred to in subsection (3) in the contiguous zone in relation to Australia is subject to the obligations of Australia under international law, including obligations under any treaty, convention or other agreement or arrangement between Australia and another country or other countries.

Help to search

 (5) Without limiting the generality of paragraph (3)(a), an officer may use a dog to assist in searching the ship or aircraft.

Help to examine goods

 (6) In the exercise of the power under paragraph (3)(b) to examine goods, the officer may do, or arrange for another officer or other person having the necessary experience to do, whatever is reasonably necessary to permit the examination of the goods.

Examples of examining goods

 (7) Without limiting the generality of subsection (6), examples of what may be done in the examination of goods include the following:
 (a) opening any package in which goods are or may be contained;
 (b) using a device, such as an X‑ray machine or ion scanning equipment, on the goods;
 (c) if the goods are a document—reading the document either directly or with the use of an electronic device;
 (d) using a dog to assist in examining the goods.

Power to detain and move ship or aircraft

 (8) An officer may detain the ship or aircraft and bring it, or cause it to be brought, to a port or other place that he or she considers appropriate if:
 (a) in the case of a ship or aircraft that is in Australia—the officer reasonably suspects that the ship or aircraft is or has been involved in a contravention, either in or outside Australia, of this Act; and
 (b) in the case of an Australian ship that is outside Australia—the officer reasonably suspects that the ship is, will be or has been involved in a contravention, either in or outside Australia, of this Act; and
 (c) in the case of a foreign ship that is outside Australia—the officer reasonably suspects that the ship is, will be or has been involved in a contravention in Australia of this Act.
However, a ship need not be brought to a port or other place if the Secretary makes a direction in relation to the ship under section 245H.

Power to detain people on detained ships or aircraft

 (9) If an officer detains a ship or aircraft under this section, the officer may also detain any person who is found on the ship or aircraft and bring the person, or cause the person to be brought, to the migration zone.

Use of necessary and reasonable