Border Protection Legislation Amendment Act 1999 (160 of 1999)

Schedule 1   Migration Act 1958

Part 3   Enforcement visas

Division 1   Basic provisions

21   At the end of section 43

Add:

(3) This section does not apply to:

(a) the holder of an enforcement visa; or

(b) an Australian resident entering Australia on a foreign boat as a result of a fisheries officer:

(i) making a requirement of the boat's master under subparagraph 84(1)(k)(ii) or paragraph 84(1)(l) of the Fisheries Management Act 1991; or

(ii) exercising his or her power under paragraph 84(1)(m) of that Act in relation to the boat;

because a fisheries officer had reasonable grounds to believe that the boat was used, or was intended to be used, in the commission of a fisheries detention offence.

Note: Subsection 33(10) also disapplies this section.

(4) In subsection (3):

Australian resident has the same meaning as in the Fisheries Management Act 1991.

master has the same meaning as in the Fisheries Management Act 1991.