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

11   Subsections 69(2) and (3)

Repeal the subsections, substitute:

(2) The officer may:

(a) take the vessel or aircraft, or cause the vessel or aircraft to be taken, to a place (the destination ); and

(b) remain in control of the vessel or aircraft, or require the person in charge of the vessel or aircraft to remain in control of the vessel or aircraft, at the destination, until whichever of the following occurs first:

(i) the vessel or aircraft is returned to a person referred to in subsection 87(1);

(ii) action is taken as mentioned in subsection 87(3) in relation to the vessel or aircraft.

(3) The destination may be:

(a) in the migration zone; or

(b) outside the migration zone (including outside Australia).

Note: Section 75C contains additional provisions about the place that may be the destination.

(3A) A maritime officer may change the destination to a different place at any time (including a time after arrival at the place that was previously the destination). If the destination is changed to a different place:

(a) that different place is then the destination; but

(b) this does not affect the exercise of powers under this Act before the change.

Note: It is possible that the destination may change more than once.