72Persons on detained vessels and aircraft

72 Persons on detained vessels and aircraft

(1) This section applies to a person: (a) on a detained vessel or detained aircraft; or (b) whom a maritime officer reasonably suspects was on a vessel or aircraft when it was detained.

Note 1: For detaining vessels and aircraft, see section 69.

Note 2: For other provisions affecting powers under this section, see section 72A and Division 8A.

(2) A maritime officer may return the person to the vessel or aircraft. (3) A maritime officer may require the person to remain on the vessel or aircraft until whichever of the following occurs first: (a) the vessel or aircraft is returned to a person referred to in subsection 87(1); (b) action is taken as mentioned in subsection 87(3) in relation to the vessel or aircraft.

Note: It is an offence to fail to comply with a requirement under this subsection: see section 103.

(4) A maritime officer may detain the person and take the person, or cause the person to be taken, to a place (the destination). (4A) The destination may be: (a) in the migration zone; or (b) outside the migration zone (including outside Australia).

Note: Section 75C contains additional provisions about the place that may be the destination.

(4B) A maritime officer may change the destination to a different place at any time (including a time after arrival at the place that was previously the destination). If the destination is changed to a different place: (a) that different place is then the destination; but (b) this does not affect the exercise of powers under this Act before the change.

Note: It is possible that the destination may change more than once.

(5) For the purposes of taking the person to the destination, a maritime officer may within or outside Australia: (a) place the person on a vessel or aircraft, or in a particular place on a vessel or aircraft; or (b) restrain the person on a vessel or aircraft, or in a particular place on a vessel or aircraft; or (c) remove the person from a vessel or aircraft.