Regulation 5.35F — Powers when boarding certain foreign ships on the high seas (Act s 245G(4))

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