Document ID: chunk:federal_register_of_legislation:C2013A00016:clause:1_31
Version: federal_register_of_legislation:C2013A00016
Segment Type: clause
Provision Reference: sch 1 cl 31
Character Range: 7347–9761

31  At the end of section 228
Add:
 (2) The circumstances are:
 (a) the ship is a foreign ship; and
 (b) the ship is on the landward side of the outer edge of Australia's territorial sea; and
 (c) the boarding is for the purposes of this Act or an Act prescribed by the regulations, or for the purposes of determining whether a contravention, or an attempted contravention, in Australia of section 72.13 or Division 307 of the Criminal Code is occurring.
 (3) The circumstances are:
 (a) the ship is an Australian ship; and
 (b) the ship is outside the territorial sea of any foreign country; and
 (c) the boarding is for the purposes of this Act or an Act prescribed by the regulations, or for the purposes of determining whether a contravention, or an attempted contravention, in Australia of section 72.13 or Division 307 of the Criminal Code is occurring.
 (4) The circumstances are:
 (a) either:
 (i) the aircraft is an Australian aircraft over anywhere except a foreign country; or
 (ii) the aircraft is a foreign aircraft over Australia; and
 (b) the requirement to land is made:
 (i) in relation to the operation of this Act; and
 (ii) because the pilot of the aircraft has failed to comply with a requirement made in the exercise of aircraft identification powers.
 (5) The circumstances are:
 (a) either:
 (i) the aircraft is an Australian aircraft over anywhere except a foreign country; or
 (ii) the aircraft is a foreign aircraft over Australia; and
 (b) an authorising officer reasonably suspects that the aircraft is or has been involved in a contravention, or attempted contravention, of this Act or section 72.13 or Division 307 of the Criminal Code.
 (6) The circumstances are:
 (a) either:
 (i) the aircraft is an Australian aircraft over anywhere except a foreign country; or
 (ii) the aircraft is a foreign aircraft over Australia; and
 (b) an authorising officer reasonably suspects that the aircraft is carrying goods satisfying either or both of the following subparagraphs:
 (i) the goods are connected, whether directly or indirectly, with the carrying out of a terrorist act, whether a terrorist act has occurred, is occurring or is likely to occur;
 (ii) the existence or the shipment of the goods prejudices, or is likely to prejudice, Australia's defence or security or international peace and security.
 (7) In this section:
terrorist act has the same meaning as in section 183UA.