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

Schedule 5   Boarding powers and the United Nations Convention on the Law of the Sea

Customs Act 1901

15   After subsection 184A(4)

Insert:

Foreign ships near installations

(4A) The officer may board a ship if:

(a) the ship is a foreign ship; and

(b) the ship is within 500 metres of an Australian resources installation or Australian sea installation (the 500 metre zone ); and

(c) the commander of a Commonwealth ship or Commonwealth aircraft:

(i) wishes to establish the identity of the ship; or

(ii) reasonably suspects that the ship is, will be or has been involved in a contravention, or an attempted contravention, in the 500 metre zone of this Act, section 72.13 or Division 307 of the Criminal Code or an Act prescribed by the regulations for the purposes of this Subdivision.