Border Protection Legislation Amendment Act 1999 (160 of 1999)

Schedule 3   Fisheries Management Act 1991

Part 2   Suspected illegal foreign fishers

Division 1   Basic provisions

4   After paragraph 84(1)(i)

Insert:

(ia) subject to section 84A, detain a person in Australia or a Territory for the purposes of determining during the period of detention whether or not to charge the person with an offence against section 99, 100, 100A, 101, 101A or 101B, if the officer has reasonable grounds to believe that the person:

(i) is not an Australian citizen or an Australian resident; and

(ii) was on a foreign boat when it was used in the commission of such an offence; and

(ib) subject to section 84A:

(i) take a person who has been detained in Australia under paragraph (ia) to another place in Australia or to a place in an external Territory; and

(ii) take a person who has been detained in an external Territory under paragraph (ia) to another place in the Territory or to a place in Australia or another Territory; and

(ic) subject to section 84B, search without warrant:

(i) a person detained under paragraph (ia); and

(ii) the person's clothing; and

(iii) any property under the person's immediate control;

to find out whether a weapon or other thing capable of being used to inflict bodily injury or to help the person to escape from that detention is hidden on the person or in the clothing or property; and

(id) do anything reasonably necessary for:

(i) photographing or measuring a person detained under paragraph (ia); or

(ii) otherwise recording matters in relation to such a person;

for the purpose of facilitating the present or future identification of the person; and