{"id":"C2013A00016","name":"Maritime Powers (Consequential Amendments) Act 2013","slug":"maritime-powers-consequential-amendments-act-2013","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"16 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8499,"registerId":"commonwealth-C2013A00016-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Maritime Powers (Consequential Amendments) Act 2013","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nMaritime Powers (Consequential Amendments) Act 2013\n\n \n\nNo. 16, 2013\n\n \n\n \n\n \n\n \n\n \n\nAn Act to deal with consequential matters arising from the enactment of the Maritime Powers Act 2013, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedule(s)\n\nSchedule 1—Amendment of the Customs Act 1901\n\nSchedule 2—Amendment of the Environment Protection and Biodiversity Conservation Act 1999\n\nSchedule 3—Amendment of the Fisheries Management Act 1991\n\nSchedule 4—Amendment of the Migration Act 1958\n\nSchedule 5—Amendment of the Torres Strait Fisheries Act 1984\n\nSchedule 6—Transitional provisions\n\n \n\n![](image.001.png)\n\n \n\n \n\nMaritime Powers (Consequential Amendments) Act 2013\n\nNo. 16, 2013\n\n \n\n \n\n \n\nAn Act to deal with consequential matters arising from the enactment of the Maritime Powers Act 2013, and for related purposes\n\n[Assented to 27 March 2013]\n\n \n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act may be cited as the Maritime Powers (Consequential Amendments) Act 2013.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provision(s) Commencement Date/Details\n- 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 27 March 2013\n- 2. Schedules 1 to 6 At the same time as section 3 of the Maritime Powers Act 2013 commences. 27 March 2014\n\n\nNote:  This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Schedule(s)\n\n  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\n\n\n\nSchedule 1—Amendment of the Customs Act 1901\n\n \n\n1  Subsection 4(1)\n\nInsert:\n\naircraft identification powers has the same meaning as in the Maritime Powers Act 2013.\n\n2  Subsection 4(1)\n\nInsert:\n\nAustralian aircraft means an aircraft that:\n\n (a) is an Australian aircraft as defined in the Civil Aviation Act 1988; or\n\n (b) is not registered under the law of a foreign country and is either wholly owned by, or solely operated by:\n\n (i) one or more residents of Australia; or\n\n (ii) one or more Australian nationals; or\n\n (iii) one or more residents of Australia and one or more Australian nationals.\n\nFor the purposes of this definition, Australian national and resident of Australia have the same meanings as in the Shipping Registration Act 1981.\n\n3  Subsection 4(1)\n\nInsert:\n\nauthorising officer has the same meaning as in the Maritime Powers Act 2013.\n\n4  Subsection 4(1)\n\nInsert:\n\nforeign aircraft means an aircraft that is not an Australian aircraft.\n\n5  Subsection 4(1)\n\nInsert:\n\nmaritime officer has the same meaning as in the Maritime Powers Act 2013.\n\n6  Subsection 183UA(1) (paragraph (f) of the definition of authorised person)\n\nRepeal the paragraph, substitute:\n\n (f) in relation to the exercise of powers under section 203CA or 203CB:\n\n (i) an officer of Customs; or\n\n (ii) a maritime officer who is exercising maritime powers under the Maritime Powers Act 2013 in relation to a ship or aircraft to which section 203CA of this Act applies; or\n\n (iii) an officer of police; or\n\n (iv) a member of the Defence Force; and\n\n7  Sections 184A to 185B\n\nRepeal the sections.\n\n8  Subsection 187(1)\n\nOmit “(1)”.\n\n9  Subsection 187(2)\n\nRepeal the subsection.\n\n10  Paragraph 189A(1)(a)\n\nOmit all the words from and including “for the purpose of” to and including “or any other Act”, substitute “for the purpose of enabling the safe exercise, by such officers, of powers conferred on them under this Act or any other Act”.\n\n11  Paragraphs 203CA(1)(a) and (b)\n\nRepeal the paragraphs, substitute:\n\n (a) the ship is outside the territorial sea of a foreign country; and\n\n (b) the ship could be boarded under the Maritime Powers Act 2013; and\n\n (c) the ship is exempt from any provision of the Customs Acts under subsection 30A(3) of this Act or the voyage of the ship is exempt from any such provision under subsection 30A(5) of this Act.\n\n12  Paragraphs 203CA(2)(a) and (b)\n\nRepeal the paragraphs, substitute:\n\n (a) the aircraft has landed in Australia as a result of a maritime officer requiring the person in charge of the aircraft to land the aircraft under subsection 55(7) of the Maritime Powers Act 2013; and\n\n (b) in the case of an Australian aircraft—the requirement is made when the aircraft is over anywhere except a foreign country; and\n\n (c) in the case of an aircraft that is not an Australian aircraft—the requirement is made when the aircraft is over Australia; and\n\n (d) the flight of the aircraft is exempt from any provision of the Customs Acts under subsection 30A(5) of this Act.\n\n13  Subsection 203CA(3) (note)\n\nOmit “paragraph 185(2)(e) and section 203C”, substitute “section 203C of this Act and subparagraph 67(1)(b)(ii) of the Maritime Powers Act 2013”.\n\n14  Subsection 203CA(4)\n\nOmit “under section 185”.\n\n15  Subparagraph 203CB(1)(a)(i)\n\nOmit “203CA(1)(b) or (2)(b)”, substitute “203CA(1)(c) or (2)(d)”.\n\n16  Subsection 203CB(2) (note)\n\nOmit “paragraph 185(2)(e) and section 203C”, substitute “section 203C of this Act and subparagraph 67(1)(b)(ii) of the Maritime Powers Act 2013”.\n\n17  Paragraph 207(1)(a)\n\nRepeal the paragraph, substitute:\n\n (a) goods are seized:\n\n (i) under a seizure warrant; or\n\n (ii) under subsection 203B(2) or (2A), 203C(2), 203CA(3) or 203CB(2); or\n\n (iii) under section 67 of the Maritime Powers Act 2013; and\n\n18  Section 208D\n\nOmit “or under subsection 185(2), 185A(6), 203B(2) or (2A), 203C(2), 203CA(3) or 203CB(2)”, substitute “, under subsection 203B(2) or (2A), 203C(2), 203CA(3) or 203CB(2) or under section 67 of the Maritime Powers Act 2013”.\n\n19  Paragraph 219L(1A)(a)\n\nOmit “185 or”.\n\n20  Paragraph 219L(1A)(b)\n\nOmit “and”.\n\n21  Paragraph 219L(1A)(c)\n\nRepeal the paragraph.\n\n22  Section 228\n\nBefore “The following ships”, insert “(1)”.\n\n23  Paragraph 228(1)\n\nOmit “(1)”, substitute “(a)”.\n\n24  Paragraph 228(2)\n\nOmit “(2)” (first occurring), substitute “(b)”.\n\n25  Paragraph 228(2)\n\nOmit “under subsection 184A(2) or (3)”, substitute “, under the Maritime Powers Act 2013, in circumstances set out in subsection (2) or (3)”.\n\n26  Paragraph 228(3)\n\nOmit “(3)”, substitute “(c)”.\n\n27  Paragraph 228(3)\n\nOmit “properly requested under section 184D to land the aircraft”, substitute “required to land the aircraft, under the Maritime Powers Act 2013, in circumstances set out in subsection (4), (5) or (6)”.\n\n28  Paragraph 228(4)\n\nOmit “(4)”, substitute “(d)”.\n\n29  Paragraph 228(5)\n\nOmit “(5)”, substitute “(e)”.\n\n30  Paragraph 228(6)\n\nOmit “(6)”, substitute “(f)”.\n\n31  At the end of section 228\n\nAdd:\n\n (2) The circumstances are:\n\n (a) the ship is a foreign ship; and\n\n (b) the ship is on the landward side of the outer edge of Australia’s territorial sea; and\n\n (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.\n\n (3) The circumstances are:\n\n (a) the ship is an Australian ship; and\n\n (b) the ship is outside the territorial sea of any foreign country; and\n\n (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.\n\n (4) The circumstances are:\n\n (a) either:\n\n (i) the aircraft is an Australian aircraft over anywhere except a foreign country; or\n\n (ii) the aircraft is a foreign aircraft over Australia; and\n\n (b) the requirement to land is made:\n\n (i) in relation to the operation of this Act; and\n\n (ii) because the pilot of the aircraft has failed to comply with a requirement made in the exercise of aircraft identification powers.\n\n (5) The circumstances are:\n\n (a) either:\n\n (i) the aircraft is an Australian aircraft over anywhere except a foreign country; or\n\n (ii) the aircraft is a foreign aircraft over Australia; and\n\n (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.\n\n (6) The circumstances are:\n\n (a) either:\n\n (i) the aircraft is an Australian aircraft over anywhere except a foreign country; or\n\n (ii) the aircraft is a foreign aircraft over Australia; and\n\n (b) an authorising officer reasonably suspects that the aircraft is carrying goods satisfying either or both of the following subparagraphs:\n\n (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;\n\n (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.\n\n (7) In this section:\n\nterrorist act has the same meaning as in section 183UA.\n\n\n\n\nSchedule 2—Amendment of the Environment Protection and Biodiversity Conservation Act 1999\n\n \n\n1  Division 11 of Part 17\n\nRepeal the Division.\n\n\n\n\nSchedule 3—Amendment of the Fisheries Management Act 1991\n\n \n\n1  Paragraphs 84(1)(aa), (a), (aaa), (b), (c), (k), (l), (m), (q) and (r)\n\nRepeal the paragraphs.\n\n2  Subsection 84(1BA)\n\nOmit “, (k), (l) or (m) (applying of its own force or because of another provision of this Act)”.\n\n3  Subsections 84(1C) to (4)\n\nRepeal the subsections.\n\n4  Section 84AA\n\nRepeal the section.\n\n5  Subsection 84B(4)\n\nOmit “Subsections 84(4) and (6) apply in relation to the exercise of a power by an international officer as if references in those subsections to the officer’s identity card were references”, substitute “Subsection 84(6) applies in relation to the exercise of a power by an international officer as if the reference in that subsection to the officer’s identity card were a reference”.\n\n6  Sections 87 to 87HA\n\nRepeal the sections.\n\n7  Section 87J (heading)\n\nOmit “relating to boat”.\n\n8  Subsection 87J(1)\n\nOmit “(as it applies of its own force or because of section 87G or 87HA) or under section 87H,”.\n\n9  Subsection 88(1)\n\nOmit “(as it applies of its own force or because of section 87, 87G or 87HA)”.\n\n10  Paragraph 88(1)(e)\n\nRepeal the paragraph, substitute:\n\n (e) if the property is a boat and there is a liability under section 112 of the Maritime Powers Act 2013 for costs incurred in chasing the boat—for those costs.\n\n11  Paragraph 88(2)(b)\n\nOmit “officer; and”, substitute “officer.”.\n\n12  Paragraph 88(2)(c)\n\nRepeal the paragraph.\n\n13  Paragraph 102(1)(c)\n\nOmit “an officer exercising powers under section 84 (as it applies of its own force or because of section 87, 87G or 87HA) or a person exercising powers under another”, substitute “a person exercising powers under a”.\n\n14  Paragraphs 106A(2)(b) and (3)(b) and 106AA(1)(b)\n\nAfter “paragraph 84(1)(ga)”, insert “or under section 67 of the Maritime Powers Act 2013”.\n\n15  Subdivision CA of Division 6 of Part 6\n\nRepeal the Subdivision.\n\n16  Paragraphs 108(1)(c) and 168(2)(l)\n\nOmit “(as it applies of its own force or because of section 87, 87G or 87HA)”.\n\n\n\n\nSchedule 4—Amendment of the Migration Act 1958\n\n \n\n1  Subsection 5(1) (definition of foreign boat)\n\nRepeal the definition.\n\n2  Subsection 5(1)\n\nInsert:\n\nforeign vessel has the same meaning as in the Maritime Powers Act 2013.\n\n3  Subsection 5(1)\n\nInsert:\n\nmaritime officer has the same meaning as in the Maritime Powers Act 2013.\n\n4  Subsection 5(1) (paragraph (b) of the definition of transitory person)\n\nAfter “245F(9)(b)”, insert “of this Act, or paragraph 72(4)(b) of the Maritime Powers Act 2013”.\n\n5  Subparagraph 42(2A)(c)(i)\n\nOmit “185(3A) of the Customs Act 1901”, substitute “72(4) of the Maritime Powers Act 2013”.\n\n6  Paragraphs 43(3)(b) and (c)\n\nRepeal the paragraphs, substitute:\n\n (b) an Australian resident entering Australia on a foreign vessel as a result of the exercise of powers under section 69 of the Maritime Powers Act 2013 in relation to a fisheries detention offence; or\n\n (c) an Australian resident entering Australia on a vessel (environment matters) as a result of an environment officer, maritime officer or other person in command of a Commonwealth ship or a Commonwealth aircraft:\n\n (i) exercising his or her power under paragraph 403(3)(a) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the vessel; or\n\n (ii) making a requirement of the person in charge of the vessel under paragraph 403(3)(b) of the Environment Protection and Biodiversity Conservation Act 1999; or\n\n (iii) exercising powers under section 69 of the Maritime Powers Act 2013 in relation to the vessel;\n\n  because the environment officer, maritime officer or person in command had reasonable grounds to suspect that the vessel had been used or otherwise involved in the commission of an environment detention offence.\n\n7  Subsection 43(4) (definition of master)\n\nRepeal the definition.\n\n8  Subsection 43(5)\n\nRepeal the subsection.\n\n9  Section 164A (definition of master)\n\nRepeal the definition.\n\n10  Subsections 164B(1) and (1A)\n\nRepeal the subsections, substitute:\n\nNon‑citizen on foreign vessel outside migration zone\n\n (1) A non‑citizen on a foreign vessel outside the migration zone is granted an enforcement visa when the vessel is detained under section 69 of the Maritime Powers Act 2013 in relation to a fisheries detention offence.\n\nNote: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)).\n\n11  Subsection 164B(2)\n\nOmit “by a fisheries officer”.\n\n12  Subsections 164B(3) and (4)\n\nRepeal the subsections, substitute:\n\nNon‑citizen in prescribed circumstances\n\n (3) An enforcement visa is granted to a non‑citizen (who does not already hold an enforcement visa) when a fisheries officer or a maritime officer exercises under, or for the purposes of, the Fisheries Management Act 1991 or the Torres Strait Fisheries Act 1984 a prescribed power in prescribed circumstances in relation to the non‑citizen. The visa is granted at the time the power is exercised.\n\nNote: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)).\n\nNon‑citizen on foreign vessel in prescribed circumstances\n\n (4) An enforcement visa is granted to a non‑citizen (who does not already hold an enforcement visa) who is on a foreign vessel when a fisheries officer or a maritime officer exercises under, or for the purposes of, the Fisheries Management Act 1991 or the Torres Strait Fisheries Act 1984 a prescribed power in prescribed circumstances in relation to the vessel. The visa is granted at the time the power is exercised.\n\nNote: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)).\n\n13  Subsection 164BA(1)\n\nRepeal the subsection, substitute:\n\nNon‑citizen on vessel (environment matters) outside migration zone\n\n (1) A non‑citizen on a vessel (environment matters) outside the migration zone is granted an enforcement visa when, because an environment officer, maritime officer or other person in command of a Commonwealth ship or a Commonwealth aircraft has reasonable grounds to suspect that the vessel has been used or otherwise involved in the commission of an environment detention offence, the environment officer, maritime officer or person in command:\n\n (a) exercises his or her power under paragraph 403(3)(a) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the vessel; or\n\n (b) makes a requirement of the person in charge of the vessel under paragraph 403(3)(b) of the Environment Protection and Biodiversity Conservation Act 1999; or\n\n (c) exercises powers under section 69 of the Maritime Powers Act 2013 in relation to the vessel;\n\nwhichever occurs first.\n\nNote 1: Under paragraph 403(3)(a) of the Environment Protection and Biodiversity Conservation Act 1999, an environment officer, or the person in command of a Commonwealth ship or a Commonwealth aircraft, may bring a vessel into the migration zone. Under paragraph 403(3)(b) of that Act, an environment officer, or the person in command of a Commonwealth ship or a Commonwealth aircraft, may require the person in charge of a vessel to bring the vessel into the migration zone.\n\nNote 2: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)).\n\n14  Subsections 164BA(3) and (4)\n\nRepeal the subsections, substitute:\n\nNon‑citizen in prescribed circumstances\n\n (3) An enforcement visa is granted to a non‑citizen (who does not already hold an enforcement visa) when an environment officer or a maritime officer exercises under, or for the purposes of, the Environment Protection and Biodiversity Conservation Act 1999 a prescribed power in prescribed circumstances in relation to the non‑citizen. The visa is granted at the time the power is exercised.\n\nNote: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)).\n\nNon‑citizen on vessel or aircraft in prescribed circumstances\n\n (4) An enforcement visa is granted to a non‑citizen (who does not already hold an enforcement visa) who is on a vessel (environment matters) or a foreign aircraft (environment matters) when an environment officer or maritime officer exercises under, or for the purposes of, the Environment Protection and Biodiversity Conservation Act 1999 a prescribed power in prescribed circumstances in relation to the vessel or aircraft. The visa is granted at the time the power is exercised.\n\nNote: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)).\n\n15  Division 12A of Part 2 (heading)\n\nRepeal the heading, substitute:\n\nDivision 12A—Chasing, boarding etc. aircraft\n\n16  Section 245A (definition of Australian ship)\n\nRepeal the definition.\n\n17  Section 245A (definition of Commonwealth ship)\n\nRepeal the definition.\n\n18  Section 245A (definition of foreign ship)\n\nRepeal the definition.\n\n19  Section 245A (definition of ship)\n\nRepeal the definition.\n\n20  Section 245A (definition of territorial sea)\n\nRepeal the definition.\n\n21  Section 245A (definition of UNCLOS)\n\nRepeal the definition (including the note).\n\n22  Sections 245B to 245D\n\nRepeal the sections.\n\n23  Section 245F (heading)\n\nOmit “ships and”.\n\n24  Subsection 245F(1)\n\nRepeal the subsection.\n\n25  Paragraphs 245F(3)(a) to (c)\n\nOmit “ship or” (wherever occurring).\n\n26  Paragraph 245F(3)(d)\n\nOmit “ship or” (first occurring).\n\n27  Subparagraph 245F(3)(d)(i)\n\nRepeal the subparagraph, substitute:\n\n (i) the aircraft and its flight, cargo, stores, crew and passengers;\n\n28  Subparagraph 245F(3)(d)(ii)\n\nOmit “ship or”.\n\n29  Paragraph 245F(3)(e)\n\nOmit “ship or” (wherever occurring).\n\n30  Paragraph 245F(3)(f)\n\nRepeal the paragraph, substitute:\n\n (f) arrest without warrant any person found on the aircraft if the officer reasonably suspects that the person has committed, is committing or attempting to commit, or is involved in the commission of, an offence, either in or outside Australia, against this Act.\n\n31  Subsection 245F(4)\n\nRepeal the subsection.\n\n32  Subsection 245F(5)\n\nOmit “ship or”.\n\n33  Subsections 245F(8) and (8AA)\n\nRepeal the subsections, substitute:\n\nPower to detain and move aircraft\n\n (8) An officer may detain the aircraft and bring it, or cause it to be brought, to a port, or to another place, that he or she considers appropriate if the officer reasonably suspects that the aircraft is or has been involved in a contravention, either in or outside Australia, of this Act.\n\n34  Subsection 245F(8A) (heading)\n\nOmit “ships or”.\n\n35  Subsection 245F(8A)\n\nOmit “a ship or”, substitute “an”.\n\n36  Subsection 245F(8A)\n\nOmit “the ship or” (wherever occurring), substitute “the”.\n\n37  Subsection 245F(9) (heading)\n\nOmit “ships or”.\n\n38  Subsection 245F(9)\n\nOmit “a ship or”, substitute “an”.\n\n39  Paragraph 245F(9)(a)\n\nOmit “ship or”.\n\n40  Subsection 245F(11) (heading)\n\nOmit “ships or”.\n\n41  Subsection 245F(11)\n\nOmit “ship or” (first and second occurring).\n\n42  Subsection 245F(11)\n\nOmit “ship,” (wherever occurring).\n\n43  Paragraph 245F(11)(a)\n\nOmit “ship or”.\n\n44  Subsection 245F(12) (heading)\n\nOmit “ships or”.\n\n45  Subsections 245F(12) and (13)\n\nOmit “ship or” (wherever occurring).\n\n46  Subsection 245F(14)\n\nRepeal the subsection.\n\n47  Paragraph 245F(18)(a)\n\nRepeal the paragraph, substitute:\n\n (a) any person who is in command, or a member of the crew, of the aircraft from which the relevant request under section 245E was made; and\n\n48  Subsection 245F(19)\n\nOmit “ship or” (wherever occurring).\n\n49  Paragraph 245FA(1)(a)\n\nOmit “a ship or”, substitute “an”.\n\n50  Sections 245FB to 245H\n\nRepeal the sections.\n\n51  Subsection 251(1)\n\nRepeal the subsection, substitute:\n\n (1) An officer may at any time board and search a vessel if the officer reasonably suspects there is on board the vessel:\n\n (a) an unlawful non‑citizen; or\n\n (b) a person seeking to enter the migration zone who would, if in the migration zone, be an unlawful non‑citizen.\n\n52  Paragraph 252(1)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the person is detained in Australia; or\n\n53  Section 261J\n\nOmit “245G,”.\n\n\n\n\nSchedule 5—Amendment of the Torres Strait Fisheries Act 1984\n\n \n\n1  Paragraphs 42(1)(a), (aa), (c), (e), (g), (h), (ha), (hb), (o) and (p)\n\nRepeal the paragraphs.\n\n2  Subsection 42(2)\n\nRepeal the subsection, substitute:\n\n (2) The powers of an officer under subsection (1) may be exercised in Australia, in an external Territory, in an area of Australian jurisdiction or in an area of waters in relation to which the Fisheries Management Act 1991 applies.\n\n3  Subsection 42(2AAA)\n\nOmit “, (e), (g) or (h)”.\n\n4  Section 42A\n\nRepeal the section.\n\n5  Paragraphs 43(1)(a) and (ca)\n\nRepeal the paragraphs.\n\n6  Subsection 43(1A)\n\nOmit “, (c) and (ca)”, substitute “and (c)”.\n\n7  Paragraphs 52A(2)(b) and (3)(b) and 52AA(1)(b)\n\nAfter “under paragraph 42(1)(ea)”, insert “or section 67 of the Maritime Powers Act 2013”.\n\n\n\n\nSchedule 6—Transitional provisions\n\n \n\n1  Exercise of powers begun before commencement\n\n(1) Neither:\n\n (a) the amendments made by this Act; nor\n\n (b) the Maritime Powers Act 2013;\n\napply in relation to the continuous exercise of powers begun under a maritime law before the commencement of this Schedule.\n\n(2) In this item:\n\ncontinuous exercise of powers has the same meaning as in the Maritime Powers Act 2013.\n\nmaritime law means:\n\n (a) the Customs Act 1901; or\n\n (b) the Environment Protection and Biodiversity Conservation Act 1999; or\n\n (c) the Fisheries Management Act 1991; or\n\n (d) the Migration Act 1958; or\n\n (e) the Torres Strait Fisheries Act 1984.\n\n2  Regulations\n\nThe Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Act.\n\n \n\n [Minister’s second reading speech made in—\n\nHouse of Representatives on 30 May 2012\n\nSenate on 20 August 2012]\n\n(103/12)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act changes the operational scope of existing statutes by subsuming many ship‑ and vessel‑specific powers into the Maritime Powers Act framework. It broadens and reassigns enforcement authority (who may board, detain, seize or require landing) to maritime officers and authorising officers as defined in the Maritime Powers Act (see Schedule 1 items 3, 5 and Schedule 4 items 30–36), and links migration enforcement‑visa triggers to those maritime powers (Schedule 4 items 10–14). Transitional savings preserve any continuous exercises begun under earlier maritime law (Schedule 6 item 1)."},"complexity_factors":["Multiple Acts amended across domains: Customs Act 1901 (Schedule 1), EPBC Act 1999 (Schedule 2), Fisheries Management Act 1991 (Schedule 3), Migration Act 1958 (Schedule 4), Torres Strait Fisheries Act 1984 (Schedule 5).","Widespread redefinition and insertion of new technical terms (e.g. maritime officer, Australian aircraft, air/aircraft identification powers) that change baseline meanings (Schedule 1 items 1–5; Schedule 4 items 2–3).","Operational powers shifted to reference the Maritime Powers Act: boarding, seizure, detention, arrest and movement powers now depend on Maritime Powers Act provisions (Schedule 1 items 11–18; Schedule 4 items 30–36).","Removal and repeal of entire sections/divisions in multiple Acts (for example repeal of Customs ss184A–185B, Fisheries ss87–87HA, EPBC Division 11), producing interpretive and transitional complexity (Schedules 1–3).","Interplay with migration law: enforcement‑visa grants and cancellations are re‑triggered by maritime or fisheries officers exercising prescribed powers (Schedule 4 items 10–14).","Introduction of national‑security and terrorism‑linked grounds into customs boarding/seizure rules (Schedule 1 item 31, referencing terrorist act as defined).","Extensive renumbering, substitution and cross‑referencing between Acts increases risk of drafting and interpretation errors (numerous Schedule 1 amendments replacing references).","Commencement mechanics tie the Schedules to the commencement of section 3 of the Maritime Powers Act 2013 and preserve ongoing exercises begun under prior maritime law (see section 2(1) and Schedule 6 item 1).","Delegation and decision points shift: new authorising officer and maritime officer roles concentrate discretion in actors defined by the Maritime Powers Act (Schedule 1 item 3; Schedule 4 item 3)."],"plain_english_summary":"This Act makes a package of technical changes to several federal laws so they operate together with the Maritime Powers Act 2013. It replaces ship‑specific terms and powers with references to the new maritime framework, inserts new definitions (for example, maritime officer and Australian aircraft), and redirects boarding, seizure, detention and visa triggers to powers in the Maritime Powers Act. It affects Customs, Migration, Fisheries, Environment and Torres Strait enforcement rules and shifts who may act and when enforcement consequences (including enforcement visas) arise."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains strictly consequential and technical in nature. It performs the necessary legislative housekeeping to implement the Maritime Powers Act 2013 across related statutes without expanding beyond this original purpose. The amendments are limited to removing duplicated powers and inserting cross-references to the new consolidated framework."},"complexity_factors":["Extensive cross-referencing: The Act modifies five separate Acts (Customs, EPBC, Fisheries Management, Migration, Torres Strait Fisheries) and constantly references the Maritime Powers Act 2013","Repeal-and-replace structure: Many provisions repeal entire sections (e.g., sections 184A-185B of Customs Act, Division 11 of EPBC Act) and substitute new references, requiring readers to track changes across multiple statutes","Conditional logic in new provisions: New sections 228(2)-(6) of the Customs Act contain nested conditions for boarding ships and requiring aircraft to land, with separate rules for Australian vs foreign vessels/aircraft and different jurisdictional triggers","Defined terms imported by reference: Terms like 'maritime officer', 'authorising officer', 'foreign vessel', and 'continuous exercise of powers' are defined in the Maritime Powers Act 2013 but used throughout this Act without redefinition","Transitional provisions with look-back: Schedule 6 contains savings provisions for powers exercised continuously before commencement, requiring understanding of both old and new frameworks simultaneously","Technical amendments with cascading effects: Small changes (e.g., substituting 'foreign vessel' for 'foreign boat' in Migration Act) have significant operational implications for visa grants and detention powers"],"plain_english_summary":"This Act is a 'clean-up' law that makes technical changes to five other major laws to support the new Maritime Powers Act 2013. It doesn't create new policy by itself—instead, it removes old powers from the Customs, Environment, Fisheries, Migration, and Torres Strait Fisheries Acts and replaces them with references to the new Maritime Powers Act.\n\n**What it does:**\n- **Customs Act**: Repeals old sections about boarding ships and aircraft (sections 184A–185B) and replaces them with references to the new Maritime Powers Act. Maritime officers now use the new Act's powers instead of the old Customs powers.\n- **Environment Protection Act**: Repeals Division 11 of Part 17 entirely—this removed environment officers' standalone powers to board vessels, transferring those powers to the Maritime Powers Act framework.\n- **Fisheries Management Act**: Repeals extensive powers that allowed fisheries officers to stop, board, and search boats. These are now handled under the Maritime Powers Act. Also removes special provisions for 'international officers' and foreign fishing agreements.\n- **Migration Act**: Removes all ship-related enforcement powers (sections 245B–245D, 245FB–245H) and narrows Division 12A to deal only with aircraft. Updates visa rules so that 'enforcement visas' for non-citizens caught on foreign vessels are now granted under the Maritime Powers Act framework rather than old Migration Act powers.\n- **Torres Strait Fisheries Act**: Similar to the Fisheries Management Act—repeals standalone boarding and enforcement powers, replacing them with references to the Maritime Powers Act.\n\n**Who it affects:**\n- **Maritime officers** (Customs, Border Force, Defence Force personnel) who now exercise powers under the Maritime Powers Act instead of scattered provisions across five different laws.\n- **Ship and aircraft crews** in Australian waters or airspace who may be boarded, searched, or detained.\n- **Non-citizens** on foreign fishing or environment vessels who are granted temporary 'enforcement visas' when detained.\n- **Fisheries and environment officers** who must now operate under the consolidated Maritime Powers Act framework.\n\n**Why it matters:**\nBefore this Act, powers to board ships, search aircraft, and detain vessels were spread across multiple laws with inconsistent rules. This Act consolidates those powers into the Maritime Powers Act 2013, creating a single, unified legal framework for maritime law enforcement. It reduces duplication and confusion, but also means officers must be trained on the new Act rather than relying on familiar provisions in their specific agency's legislation."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/maritime-powers-consequential-amendments-act-2013","history":"/api/acts/maritime-powers-consequential-amendments-act-2013/history","analysis":"/api/acts/maritime-powers-consequential-amendments-act-2013/analysis","conflicts":"/api/acts/maritime-powers-consequential-amendments-act-2013/conflicts","importantCases":"/api/acts/maritime-powers-consequential-amendments-act-2013/important-cases","documents":"/api/acts/maritime-powers-consequential-amendments-act-2013/documents"}}