Powers when boarding certain foreign ships on the high seas (Act s 245G(4))
reg-5.35F — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

5.35F Powers when boarding certain foreign ships on the high seas (Act s
         245G(4))
          (1) For subsection 245G(4) of the Act, the powers that the officer may exercise,
              consistently with the agreement or arrangement, are the powers to do the
              following:
                (a) search the ship;
                (b) search, without warrant:
                      (i) an individual on the ship; or
                     (ii) the clothing or the individual; or
                    (iii) any property under the immediate control of the individual;







                 (c) take possession of any weapon for as long as the officer thinks necessary
                      for the purposes of this regulation;
                 (d) restrain any individual on board the ship for as long as the officer thinks
                      necessary for the purposes of this regulation;
                 (e) detain the ship for as long as the officer thinks necessary for the purposes
                      of this regulation;
                  (f) bring the ship, or cause it to be brought, to a port or other place that the
                      officer considers appropriate;
                 (g) return to the ship any individual who:
                        (i) was on the ship when it was initially detained under paragraph (e);
                            and
                       (ii) later leaves the ship.
          (2) Subject to this Division, an officer may use such force as is necessary and
              reasonable in the exercise of a power under this regulation.
          (3) In searching the ship, an officer must not damage the ship or any goods on the
              ship by forcing open a part of the ship or the goods unless:
                (a) the individual (if any) apparently in charge of the ship has been given a
                    reasonable opportunity to open that part or the goods; or
                (b) it is not reasonably practical to give that individual such an opportunity.
          (4) An individual may be returned to a ship under paragraph (1)(g) only if the officer
              or individual assisting the officer is satisfied that it is safe to do so.









Division 5.7—Charges and fees