Commonwealth Consolidated Acts

MARITIME POWERS ACT 2013 - SECT 33

Additional powers

  (1)   The maritime officer may also exercise powers in the case of a v essel, installation or aircraft if the powers are :

  (a)   specified in an international agreement or international decision that applies to the vessel , installation or aircraft ; and

  (b)   prescribed by the regulations as powers that may be exercised in relation to vessels, installations or aircraft of that kind ; and

  (c )   exercised for the purposes of administ ering, ensuring compliance with or investigating a contravention of the agreement or decision .

Limit ations on powers

  (2)   However, t he officer must not exercise a power in relation to a vessel, installation or aircraft to administer, ensure c ompliance with or investigate a contravention of an international agreement or international decision if :

  (a)   the power is prescribed by the regulations as a power that must not be exercised under the agreement or decision in relation to vessels, installations or aircraft of that kind ; or

  (b)   the officer is of a kind prescribed by the regulations as officers who mus t not exercise powers under the agreement or decision in relation to vessels, installations or aircraft of that kind.

  (3)   Subsection   ( 2) has effect despite any other provision of this Subdivision .