Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Subsection 4(1)
Insert:
"aircraft identification powers" has the same meaning as in the Maritime Powers Act 2013 .
2 Subsection 4(1)
Insert:
"Australian aircraft" means an aircraft that:
(a) is an Australian aircraft as defined in the Civil Aviation Act 1988 ; or
(b) is not registered under the law of a foreign country and is either wholly owned by, or solely operated by:
(i) one or more residents of Australia; or
(ii) one or more Australian nationals; or
(iii) one or more residents of Australia and one or more Australian nationals.
For the purposes of this definition, Australian national and resident of Australia have the same meanings as in the Shipping Registration Act 1981 .
3 Subsection 4(1)
Insert:
"authorising officer" has the same meaning as in the Maritime Powers Act 2013 .
4 Subsection 4(1)
Insert:
"foreign aircraft" means an aircraft that is not an Australian aircraft.
5 Subsection 4(1)
Insert:
"maritime officer" has the same meaning as in the Maritime Powers Act 2013 .
6 Subsection 183UA(1) (paragraph (f) of the definition of authorised person )
Repeal the paragraph, substitute:
(f) in relation to the exercise of powers under section 203CA or 203CB:
(i) an officer of Customs; or
(ii) a maritime officer who is exercising maritime powers under the Maritime Powers Act 2013 in relation to a ship or aircraft to which section 203CA of this Act applies; or
(iii) an officer of police; or
(iv) a member of the Defence Force; and
7 Sections 184A to 185B
Repeal the sections.
8 Subsection 187(1)
Omit "(1)".
9 Subsection 187(2)
Repeal the subsection.
10 Paragraph 189A(1)(a)
Omit all the words from and including "for the purpose of" to and including "or any other Act", substitute "for the purpose of enabling the safe exercise, by such officers, of powers conferred on them under this Act or any other Act".
11 Paragraphs 203CA(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) the ship is outside the territorial sea of a foreign country; and
(b) the ship could be boarded under the Maritime Powers Act 2013 ; and
(c) the ship is exempt from any provision of the Customs Acts under subsection 30A(3) of this Act or the voyage of the ship is exempt from any such provision under subsection 30A(5) of this Act.
12 Paragraphs 203CA(2)(a) and (b)
Repeal the paragraphs, substitute:
(a) the aircraft has landed in Australia as a result of a maritime officer requiring the person in charge of the aircraft to land the aircraft under subsection 55(7) of the Maritime Powers Act 2013 ; and
(b) in the case of an Australian aircraft--the requirement is made when the aircraft is over anywhere except a foreign country; and
(c) in the case of an aircraft that is not an Australian aircraft--the requirement is made when the aircraft is over Australia; and
(d) the flight of the aircraft is exempt from any provision of the Customs Acts under subsection 30A(5) of this Act.
13 Subsection 203CA(3) (note)
Omit "paragraph 185(2)(e) and section 203C", substitute "section 203C of this Act and subparagraph 67(1)(b)(ii) of the Maritime Powers Act 2013 ".
14 Subsection 203CA(4)
Omit "under section 185".
15 Subparagraph 203CB(1)(a)(i)
Omit "203CA(1)(b) or (2)(b)", substitute "203CA(1)(c) or (2)(d)".
16 Subsection 203CB(2) (note)
Omit "paragraph 185(2)(e) and section 203C", substitute "section 203C of this Act and subparagraph 67(1)(b)(ii) of the Maritime Powers Act 2013 ".
17 Paragraph 207(1)(a)
Repeal the paragraph, substitute:
(a) goods are seized:
(i) under a seizure warrant; or
(ii) under subsection 203B(2) or (2A), 203C(2), 203CA(3) or 203CB(2); or
(iii) under section 67 of the Maritime Powers Act 2013 ; and
18 Section 208D
Omit "or under subsection 185(2), 185A(6), 203B(2) or (2A), 203C(2), 203CA(3) or 203CB(2)", substitute ", under subsection 203B(2) or (2A), 203C(2), 203CA(3) or 203CB(2) or under section 67 of the Maritime Powers Act 2013 ".
19 Paragraph 219L(1A)(a)
Omit "185 or".
20 Paragraph 219L(1A)(b)
Omit "and".
21 Paragraph 219L(1A)(c)
Repeal the paragraph.
22 Section 228
Before "The following ships", insert "(1)".
23 Paragraph 228(1)
Omit "(1)", substitute "(a)".
24 Paragraph 228(2)
Omit "(2)" (first occurring), substitute "(b)".
25 Paragraph 228(2)
Omit "under subsection 184A(2) or (3)", substitute ", under the Maritime Powers Act 2013 , in circumstances set out in subsection (2) or (3)".
26 Paragraph 228(3)
Omit "(3)", substitute "(c)".
27 Paragraph 228(3)
Omit "properly requested under section 184D to land the aircraft", substitute "required to land the aircraft, under the Maritime Powers Act 2013 , in circumstances set out in subsection (4), (5) or (6)".
28 Paragraph 228(4)
Omit "(4)", substitute "(d)".
29 Paragraph 228(5)
Omit "(5)", substitute "(e)".
30 Paragraph 228(6)
Omit "(6)", substitute "(f)".
31 At the end of section 228
Add:
(2) The circumstances are:
(a) the ship is a foreign ship; and
(b) the ship is on the landward side of the outer edge of Australia's territorial sea; and
(c) the boarding is for the purposes of this Act or an Act prescribed by the regulations, or for the purposes of determining whether a contravention, or an attempted contravention, in Australia of section 72.13 or Division 307 of the Criminal Code is occurring.
(3) The circumstances are:
(a) the ship is an Australian ship; and
(b) the ship is outside the territorial sea of any foreign country; and
(c) the boarding is for the purposes of this Act or an Act prescribed by the regulations, or for the purposes of determining whether a contravention, or an attempted contravention, in Australia of section 72.13 or Division 307 of the Criminal Code is occurring.
(4) The circumstances are:
(a) either:
(i) the aircraft is an Australian aircraft over anywhere except a foreign country; or
(ii) the aircraft is a foreign aircraft over Australia; and
(b) the requirement to land is made:
(i) in relation to the operation of this Act; and
(ii) because the pilot of the aircraft has failed to comply with a requirement made in the exercise of aircraft identification powers.
(5) The circumstances are:
(a) either:
(i) the aircraft is an Australian aircraft over anywhere except a foreign country; or
(ii) the aircraft is a foreign aircraft over Australia; and
(b) an authorising officer reasonably suspects that the aircraft is or has been involved in a contravention, or attempted contravention, of this Act or section 72.13 or Division 307 of the Criminal Code .
(6) The circumstances are:
(a) either:
(i) the aircraft is an Australian aircraft over anywhere except a foreign country; or
(ii) the aircraft is a foreign aircraft over Australia; and
(b) an authorising officer reasonably suspects that the aircraft is carrying goods satisfying either or both of the following subparagraphs:
(i) the goods are connected, whether directly or indirectly, with the carrying out of a terrorist act, whether a terrorist act has occurred, is occurring or is likely to occur;
(ii) the existence or the shipment of the goods prejudices, or is likely to prejudice, Australia's defence or security or international peace and security.
(7) In this section:
"terrorist act" has the same meaning as in section 183UA.