Document ID: chunk:federal_register_of_legislation:C2024C00800:section:245f:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 245F (pt 2/4)
Character Range: 748398–751012

involved in a contravention, either in or outside Australia, of this Act.

People on detained aircraft
 (8A) If an officer detains an aircraft under this section, any restraint on the liberty of any person found on the aircraft that results from the detention of the aircraft is not unlawful, and proceedings, whether civil or criminal, in respect of that restraint may not be instituted or continued in any court against the Commonwealth, the officer or any person assisting the officer in detaining the aircraft.

Jurisdiction of High Court
 (8B) Nothing in subsection (8A) is intended to affect the jurisdiction of the High Court under section 75 of the Constitution.

Powers of officers in respect of people found on detained aircraft
 (9) If an officer detains an aircraft under this section, the officer may:
 (a) detain any person found on the aircraft and bring the person, or cause the person to be brought, to the migration zone; or
 (b) take the person, or cause the person to be taken, to a place outside Australia.

Powers to move people
 (9A) For the purpose of moving a person under subsection (9), an officer may, within or outside Australia:
 (a) place the person on a ship or aircraft; or
 (b) restrain the person on a ship or aircraft; or
 (c) remove the person from a ship or aircraft.

Protection if officers etc. act in good faith
 (9B) Proceedings, whether civil or criminal, may not be instituted or continued, in respect of any action taken under subsection (9A), against the Commonwealth, an officer or any person assisting an officer if the officer or person who took the action acted in good faith and used no more force than was authorised by subsection (10).

Use of necessary and reasonable force
 (10) An officer may use such force as is necessary and reasonable in the exercise of a power under this section.

Limit on use of force to board and search aircraft
 (11) In boarding and searching the aircraft and searching or examining goods found on the aircraft, an officer must not damage the aircraft or goods by forcing open a part of the aircraft or goods unless:
 (a) the person (if any) apparently in charge of the aircraft has been given a reasonable opportunity to open that part or the goods; or
 (b) it is not reasonably practicable to give that person such an opportunity.
This subsection has effect despite paragraphs (3)(a) and (b) and subsection (10).

Limit on use of force to arrest or detain person on aircraft
 (12) In arresting or detaining a person found on the aircraft, an officer:
 (a) must not use more force, or subject the person to greater indignity, than