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

18   After section 72

Insert:

72A Additional provisions relating to taking a person to a destination under subsection 72(4)

(1) A person may be detained under subsection 72(4):

(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 72(4B), 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 person; and

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

(d) for any period reasonably required to make and effect arrangements relating to the release of the person.

(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) The person must not be detained under subsection 72(4) for any longer than is permitted by subsection (1) of this section.

(4) Powers may be exercised in accordance with subsection 72(5) in relation to the person at any time while the person continues to be detained under subsection 72(4).

(5) Subsection (3) does not prevent:

(a) the arrest of the person; or

(b) the detention of the person under another Australian law; or

(c) the exercise of any other power in relation to the person.