Customs Amendment (Enhanced Border Controls and Other Measures) Act 2009 (34 of 2009)

Schedule 13   Power to moor

Customs Act 1901

1   Section 194

Repeal the section, substitute:

194 Ships on service may be moored in any place

(1) The officer in charge of a ship employed in the service of the Customs may:

(a) moor, or haul up and moor, the ship to:

(i) any part of the coast or the shores, banks or beaches of any port, bay, harbour, lake or river; or

(ii) any man-made structure at or in any of the places mentioned in subparagraph (i); or

(iii) any man-made structure anywhere in the territorial sea of Australia, the contiguous zone of Australia, or the exclusive economic zone of Australia; and

(b) remain at the mooring as long as the officer considers necessary.

(2) A person commits an offence if:

(a) the person is an owner, occupier or operator of any of the places mentioned in paragraph (1)(a); and

(b) the person does not provide the officer with all reasonable facilities and assistance that the person is reasonably capable of providing; and

(c) the person does not do so in circumstances where the officer is exercising, or attempting to exercise, his or her powers under this section.

Penalty: 30 penalty units.