Maritime Powers Act 2013

Where Do These Powers Apply?

Extremely broadly. The Act covers:

• Australian territorial waters (up to 12 nautical miles offshore)
• The "contiguous zone" (up to 24 nautical miles offshore)
• Australia's exclusive economic zone (up to 200 nautical miles offshore)
• The continental shelf
• External territories (like Christmas Island, Cocos Islands)
• Even other countries' waters, in certain circumstances (with their agreement or under international treaties)

The Controversial Parts

For people on boats (including asylum seekers):

• Officers can detain a vessel and take it — and everyone on it — to any destination, including back to where they came from or even just to international waters. The destination can be changed multiple times.
• The Minister can personally direct where vessels and people are taken, based purely on "national interest" — with no requirement to explain why or follow natural justice rules (meaning no obligation to hear from the people affected).
• The Act explicitly overrides the Migration Act for these detention and removal powers — meaning migration law protections don't apply when these maritime powers are used.
• Detaining people this way is explicitly declared not to be an arrest, which limits what courts can do about it.

For vessel and aircraft owners:

• Your vessel or aircraft can be seized and held for up to 28 days (extendable by a magistrate), or seized outright.
• The government can dispose of your vessel/goods if it becomes too expensive or difficult to store.
• The Commonwealth can claim ownership of seized items.

Key protections that are removed:

• Officers don't need a warrant to search, board, or seize.
• Natural justice (the right to be heard before a decision affects you) is explicitly removed for authorisations and key detention decisions.
• Failing to consider Australia's international obligations (e.g., refugee law, law of the sea) does not invalidate the exercise of these powers.

What Laws Does It Enforce?

The powers can be used to enforce a very wide range of laws, including:

• Customs and border control
• Fisheries management
• Migration law
• Environmental protection
• Drug trafficking laws
• Anti-terrorism laws
• Any international treaty Australia has signed that's prescribed by regulations

Safeguards That Do Exist

• Officers must use only necessary and reasonable force
• People detained must be treated humanely and with dignity
• Written notice must be given within 14 days of seizing or detaining property
• Seized items must generally be returned within 120 days (or 28 days for detained vessels)
• The High Court's constitutional jurisdiction is preserved (so you can still challenge detention in the High Court)
• If the Commonwealth claims to own your property, you can apply to a court for its return within 30 days

Bottom Line

This Act gives Australian officials sweeping powers at sea — broader than typical law enforcement powers on land. The most significant real-world impact has been on maritime border enforcement, particularly the interception and turning back of vessels carrying asylum seekers. The Act deliberately limits judicial oversight and strips away many rights that would normally apply, making it one of the most powerful — and legally controversial — pieces of Australian law enforcement legislation.