Document ID: chunk:federal_register_of_legislation:C2005A00103:clause:1a_8
Version: federal_register_of_legislation:C2005A00103
Segment Type: clause
Provision Reference: sch 1A cl 8
Character Range: 17652–18477

8  Power to detain

 (1) An 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 section 99, 100, 100A, 101, 101A, 101B, 105E or 105F or an offence against section 6 of the Crimes Act 1914 relating to such an offence, if the officer has reasonable grounds to believe that the person:
 (a) is not an Australian citizen or an Australian resident; and
 (b) was on a foreign boat when it was used in the commission of such an offence.

 (2) Subclause (1) does not authorise an officer to use more force in detaining a person than is reasonably necessary.

 (3) Subclause (1) has effect subject to section 87E.

Note: Section 87E sets limits on the exercise of certain powers in relation to FSA boats.