75AVessels involved in certain offences

75A Vessels involved in certain offences

(1) In this section, unless the contrary intention appears:

approved person means:

(a) a quarantine officer; or
(b) an officer of Customs; or
(c) a police officer; or
(e) a person (who may be a member of the Defence Force) authorised in writing by the Minister administering the Department that deals with human quarantine or the Minister administering the Department that deals with animal and plant quarantine or a quarantine officer to be an approved person for the purposes of this section.

prescribed vessel means:

(a) a vessel used in navigation by sea the maximum overall length of the hull proper of which is 45 metres or less; or
(b) an aircraft.

(2) This section applies to: (a) a prescribed vessel in relation to which its master has committed an offence against section 20; and (b) a prescribed vessel, being an aircraft, in relation to which its master has committed an offence against section 20A; and (c) a prescribed vessel in relation to which its master has committed an offence against section 29, other than at the first port of entry, the first Cocos Islands port of entry or the first Christmas Island port of entry, of the vessel; and (d) a prescribed vessel in relation to which its master has committed an offence against section 30, other than at the first port of entry, the first Cocos Islands port of entry or the first Christmas Island port of entry, of the vessel; and (e) a prescribed vessel from which a person has landed animals or plants in contravention of section 20D, other than at the first port of entry, the first Cocos Islands port of entry or the first Christmas Island port of entry, of the vessel; and (f) a prescribed vessel in relation to which a person has committed an offence against section 67, other than at the first port of entry, the first Cocos Islands port of entry or the first Christmas Island port of entry of the vessel; and (g) a prescribed vessel in relation to which its master or owner has committed an offence against section 67A, other than at the first port of entry, the first Cocos Islands port of entry or the first Christmas Island port of entry, of the vessel. (3) Where an approved person has reasonable grounds to believe that this section applies to a vessel, that person may board the vessel. (4) Where an approved person has reasonable grounds to believe that this section applies to a vessel, that person may: (a) detain the vessel, or cause the vessel to be detained, at the place where a vessel is found; or (b) bring the vessel, or cause the vessel to be brought, to such other place or such other places as: (i) where the approved person is a quarantine officer—the approved person; or (ii) in any other case—a quarantine officer; from time to time deems appropriate and detain the vessel or cause the vessel to be detained at that place or at those places. (5) For the purposes of the detention and other lawful dealings with a vessel, a person authorised under this section to detain the vessel is entitled to take with him or her, and to have the assistance of, any members of the Defence Force or other persons that he or she may think necessary. (6) A person (other than an approved person or a person assisting an approved person under subsection (5)) who moves a vessel from the place at which it is detained under subsection (4) is guilty of an offence.