41Foreign vessels between countries

41 Foreign vessels between countries

(1) This Act does not authorise the exercise of powers in relation to a foreign vessel at a place between Australia and another country unless the powers are exercised: (a) to investigate a contravention of a law that applies to foreign vessels, or persons on foreign vessels, in that place; or (b) in relation to a contravention covered by paragraph (a), to: (i) arrest a person; or (ii) require a person to cease conduct; or (c) in the contiguous zone of Australia to: (i) investigate a contravention of a customs, fiscal, immigration or sanitary law prescribed by the regulations that occurred in Australia; or (ii) prevent a contravention of such a law occurring in Australia; or (d) to administer or ensure compliance with a monitoring law that applies to foreign vessels, or persons on foreign vessels, in that place; or (e) to administer, ensure compliance with or investigate a contravention of an international agreement or international decision that applies to foreign vessels, or persons on foreign vessels, in that place; or (f) to identify the vessel under a vessels without nationality authorisation; or (g) in relation to a support vessel supporting a vessel involved in a contravention in Australia; or (h) in relation to a support vessel supporting a vessel that is: (i) an Australian vessel involved in a contravention within the exclusive economic zone, or waters above the continental shelf, of Australia; or (ii) a foreign vessel involved in a contravention of a law that applies to the foreign vessel, or persons on the foreign vessel, in that place; or (i) after the vessel has been chased without interruption to that place; or (j) at the request or with the agreement of the country of the vessel’s nationality; or (k) to seize a border controlled drug or border controlled plant; or (l) in connection with the exercise of powers in accordance with this section, to ensure the safety of a maritime officer or any other person.

Note 1: For chased without interruption, see section 42.

Note 2: This section does not apply to the exercise of powers under Divisions 7 and 8 of Part 3 in some circumstances: see section 75D.

(2) Only vessel identification powers may be exercised under paragraph (1)(f).

Note: For vessel identification powers, see section 8.