Document ID: chunk:federal_register_of_legislation:C2008A00036:clause:3_87ha:p1
Version: federal_register_of_legislation:C2008A00036
Segment Type: clause
Provision Reference: sch 3 cl 87HA (pt 1/2)
Character Range: 79506–82033

87HA  Officers' powers under international agreements and arrangements

Foreign boats in Australia or Australian waters after contraventions on the high seas

 (1) An officer may exercise powers under section 84 in relation to a foreign boat (and the master of the boat, a person on the boat and a thing on the boat) in the AFZ, Australia or an external Territory if:
 (a) the officer has reasonable grounds to believe that the boat is on a fishing trip; and
 (b) the officer has reasonable grounds to believe that, during the fishing trip, the boat was used on the high seas in contravention of a measure established by an international fisheries management organisation; and
 (c) the exercise of the powers in relation to the boat has been authorised by the appropriate authority of the country of nationality of the boat.

Foreign boats on the high seas

 (2) An officer may exercise powers under section 84 in relation to a foreign boat (and the master of the boat, a person on the boat and a thing on the boat) on the high seas if:
 (a) the officer has reasonable grounds to believe the boat has been used, is being used, or is intended to be used, for fishing; and
 (b) the exercise of the powers in relation to the boat has been authorised by the appropriate authority of the country of nationality of the boat.

Foreign boats in foreign countries or foreign waters

 (3) An officer may exercise powers under section 84 in relation to a foreign boat (and the master of the boat, a person on the boat and a thing on the boat) at a place in a foreign country or in the exclusive economic zone, territorial sea, archipelagic waters (as defined in the United Nations Convention on the Law of the Sea) or internal waters of a foreign country if:
 (a) the boat was brought or taken to the place:
 (i) as a result of a requirement made by an officer under paragraph 84(1)(k) or (l) in the exercise of powers under subsection (1) or (2); or
 (ii) by an officer under paragraph 84(1)(m) in the exercise of powers under subsection (1) or (2); and
 (b) the exercise of the powers in relation to the boat has been authorised by:
 (i) the appropriate authority of the country of nationality of the boat; and
 (ii) if the boat is at a place in a foreign country or in the territorial sea, archipelagic waters (as defined in the United Nations Convention on the Law of the Sea) or internal waters of a foreign country—the appropriate authority of that country.

Applying section 84

 (4) For the purposes of subsections (1) to (3),