Border Protection Legislation Amendment Act 1999 (160 of 1999)

Schedule 2   Customs Act 1901

Part 1   Chasing, boarding etc. ships and aircraft

11   Subsection 185(1)

Repeal the subsection, substitute:

Application of section to ships

(1) This section applies to a ship that is outside the territorial sea of a foreign country if:

(a) a request to board the ship has been made under section 184A; or

(b) the ship is a foreign ship described in subsection 184B(3) (which allows foreign ships on the high seas to be chased); or

(c) the ship is an Australian ship.

However, this section does not apply to a ship if a request to board the ship has been made under subsection 184A(8) or (9) (certain ships on the high seas), unless an officer is satisfied under subsection 185A(3) that the ship is an Australian ship.

Note: Section 185A deals with the boarding of ships where a request has been made under subsection 184A(8) or (9).

Application to aircraft

(1A) This section applies to an aircraft that has landed in Australia for boarding as a result of a request made under section 184D.

Note 1: The heading to section 185 is replaced by the heading " Power to board and search etc. ships and aircraft ".

Note 2: The following heading to subsection 185(2) is inserted "Officer's powers".

Note 3: The following heading to subsection 185(4) is inserted "Complying with requirement by officer".

Note 4: The following heading to subsection 185(6) is inserted "Interpretation".