# Grant of enforcement visas (environment matters)

> act-s164BA — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

164BA Grant of enforcement visas (environment matters)

               Non-citizen on vessel (environment matters) outside migration
               zone
          (1) A non-citizen on a vessel (environment matters) outside the
              migration zone is granted an enforcement visa when, because an
              environment officer, maritime officer or other person in command
              of a Commonwealth ship or a Commonwealth aircraft has
              reasonable grounds to suspect that the vessel has been used or
              otherwise involved in the commission of an environment detention
              offence, the environment officer, maritime officer or person in
              command:
                (a) exercises his or her power under paragraph 403(3)(a) of the
                    Environment Protection and Biodiversity Conservation Act
                    1999 in relation to the vessel; or
                (b) makes a requirement of the person in charge of the vessel
                    under paragraph 403(3)(b) of the Environment Protection
                    and Biodiversity Conservation Act 1999; or








                (c) exercises powers under section 69 of the Maritime Powers
                    Act 2013 in relation to the vessel;
               whichever occurs first.
               Note 1:      Under paragraph 403(3)(a) of the Environment Protection and
                            Biodiversity Conservation Act 1999, an environment officer, or the
                            person in command of a Commonwealth ship or a Commonwealth
                            aircraft, may bring a vessel into the migration zone. Under
                            paragraph 403(3)(b) of that Act, an environment officer, or the person
                            in command of a Commonwealth ship or a Commonwealth aircraft,
                            may require the person in charge of a vessel to bring the vessel into
                            the migration zone.
               Note 2:      The grant of an enforcement visa effectively cancels any temporary
                            visa that the non-citizen may have held (see subsection 82(2A)).

               Non-citizen in migration zone
          (2) A non-citizen in the migration zone who does not already hold an
              enforcement visa is granted an enforcement visa when he or she is
              detained by an environment officer under Schedule 1 to the
              Environment Protection and Biodiversity Conservation Act 1999.
               Note:        The grant of an enforcement visa effectively cancels any temporary
                            visa that the non-citizen may have held (see subsection 82(2A)).

               Non-citizen in prescribed circumstances
          (3) An enforcement visa is granted to a non-citizen (who does not
              already hold an enforcement visa) when an environment officer or
              a maritime officer exercises under, or for the purposes of, the
              Environment Protection and Biodiversity Conservation Act 1999 a
              prescribed power in prescribed circumstances in relation to the
              non-citizen. The visa is granted at the time the power is exercised.
               Note:        The grant of an enforcement visa effectively cancels any temporary
                            visa that the non-citizen may have held (see subsection 82(2A)).

               Non-citizen on vessel or aircraft in prescribed circumstances
          (4) An enforcement visa is granted to a non-citizen (who does not
              already hold an enforcement visa) who is on a vessel (environment
              matters) or a foreign aircraft (environment matters) when an
              environment officer or maritime officer exercises under, or for the








               purposes of, the Environment Protection and Biodiversity
               Conservation Act 1999 a prescribed power in prescribed
               circumstances in relation to the vessel or aircraft. The visa is
               granted at the time the power is exercised.
               Note:      The grant of an enforcement visa effectively cancels any temporary
                          visa that the non-citizen may have held (see subsection 82(2A)).

               Enforcement visas granted by force of this section
          (5) To avoid doubt, an enforcement visa is granted by force of this
              section.
               Note:      No administrative action under this Act is necessary to grant the visa.

               Exception if Minister’s declaration in force
          (6) Despite subsections (1), (2), (3) and (4), a non-citizen is not
              granted an enforcement visa if a declaration under subsection (7) is
              in force in relation to:
                (a) the non-citizen; or
                (b) a class of persons of which the non-citizen is a member.

               Declaration
          (7) The Minister may make a written declaration, for the purposes of
              this section, that it is undesirable that a person, or any persons in a
              class of persons, travel to and enter Australia or remain in
              Australia.

               Section does not apply to Australian residents
          (8) This section does not apply to non-citizens who are Australian
              residents as defined in Schedule 1 to the Environment Protection
              and Biodiversity Conservation Act 1999.