Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (135 of 2014)

Schedule 1   Amendments relating to maritime powers

Part 1   Main amendments

Maritime Powers Act 2013

12   After section 69

Insert:

69A Additional provisions relating to taking a vessel or aircraft to a destination under section 69

(1) For the purpose of taking a vessel or aircraft (or causing a vessel or aircraft to be taken) to a destination under paragraph 69(2)(a), the vessel or aircraft may be detained under subsection 69(1):

(a) for any period reasonably required:

(i) to decide which place should be the destination; or

(ii) to consider whether the destination should be changed to a different place under subsection 69(3A), and (if it should be changed) to decide what that different place is; and

(b) for any period reasonably required for the Minister to consider whether to make or give a determination or direction under section 75D, 75F or 75H in relation to:

(i) a matter referred to in subparagraph (a)(i) or (ii); or

(ii) any other matter relating to the exercise of powers in relation to the vessel or aircraft, or in relation to persons on (or suspected as having been on) the vessel or aircraft; and

(c) for the period it actually takes to travel to the destination.

Note: The total period for which the vessel or aircraft is detained may be longer than the periods covered by this subsection: see subsection (3) and section 87.

(2) For the purpose of paragraph (1)(c):

(a) the period it actually takes to travel to the destination may include stopovers at other places on the way to the destination, and time for other logistical, operational or other contingencies relating to travelling to the destination; and

(b) there is no requirement that the most direct route to the destination must be taken.

(3) Days in periods covered by subsection (1) do not count towards the 28 day limit specified in paragraph 87(2)(a).