164BGrant of enforcement visas (fisheries matters)

164B  Grant of enforcement visas (fisheries matters) Non‑citizen on foreign vessel outside migration zone  (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. Note: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)). Non‑citizen in migration zone  (2) A non‑citizen in the migration zone who does not already hold an enforcement visa is granted an enforcement visa when he or she is detained under Schedule 1A to the Fisheries Management Act 1991 or Schedule 2 to the Torres Strait Fisheries Act 1984. Note: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)). Non‑citizen in prescribed circumstances  (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. Note: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)). Non‑citizen on foreign vessel in prescribed circumstances  (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. Note: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)). Enforcement visas granted by force of this section  (5) To avoid doubt, an enforcement visa is granted by force of this section. Note: No administrative action under this Act is necessary to grant the visa. Exception if Minister’s declaration in force  (6) Despite subsections (1), (2), (3) and (4), a non‑citizen is not granted an enforcement visa if a declaration under subsection (7) is in force in relation to:  (b) a class of persons of which the non‑citizen is a member. Declaration  (7) The Minister may make a written declaration, for the purposes of this section, that it is undesirable that a person, or any persons in a class of persons, travel to and enter Australia or remain in Australia. Section does not apply to Australian residents  (8) This section does not apply to non‑citizens who are Australian residents as defined in the Fisheries Management Act 1991. 164BA  Grant of enforcement visas (environment matters) Non‑citizen on vessel (environment matters) outside migration zone  (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:  (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  (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  (c) exercises powers under section 69 of the Maritime Powers Act 2013 in relation to the vessel; Note 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. Note 2: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)). Non‑citizen in migration zone  (2) A non‑citizen in the migration zone who does not already hold an enforcement visa is granted an enforcement visa when he or she is detained by an environment officer under Schedule 1 to the Environment Protection and Biodiversity Conservation Act 1999. Note: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)). Non‑citizen in prescribed circumstances  (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. Note: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)). Non‑citizen on vessel or aircraft in prescribed circumstances  (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. Note: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)). Enforcement visas granted by force of this section  (5) To avoid doubt, an enforcement visa is granted by force of this section. Note: No administrative action under this Act is necessary to grant the visa. Exception if Minister’s declaration in force  (6) Despite subsections (1), (2), (3) and (4), a non‑citizen is not granted an enforcement visa if a declaration under subsection (7) is in force in relation to:  (b) a class of persons of which the non‑citizen is a member. Declaration  (7) The Minister may make a written declaration, for the purposes of this section, that it is undesirable that a person, or any persons in a class of persons, travel to and enter Australia or remain in Australia. Section does not apply to Australian residents  (8) This section does not apply to non‑citizens who are Australian residents as defined in Schedule 1 to the Environment Protection and Biodiversity Conservation Act 1999.