Environment Protection and Biodiversity Conservation Act 1999

This section applies to:

any Australian vessel or Australian aircraft, whether or not it is in the Australian jurisdiction; or

any other vessel or aircraft, or any vehicle or platform, that is in the Australian jurisdiction.

If an authorised officer suspects on reasonable grounds that there is in, or on, a vehicle, vessel, aircraft or platform to which this section applies any evidential material in relation to an offence against an environmental law, in relation to a contravention of an environmental penalty provision or in relation to both, the authorised officer may, with such assistance as he or she thinks necessary:

board the vehicle, vessel, aircraft or platform at any reasonable time for the purpose of exercising, and may exercise, the powers of an authorised officer under section 406; and

in the case of a vehicle, vessel or aircraft—stop and detain the vehicle, vessel or aircraft for that purpose.

An authorised officer who boards a vehicle, vessel, aircraft or platform under paragraph (2)(a) may require a person on the vehicle, vessel, aircraft or platform to:

answer a question asked by the authorised officer; or

give the authorised officer information requested by the authorised officer; or

produce to the authorised officer records or documents kept on the vehicle, vessel, aircraft or platform.

If an authorised officer or the person in command of a Commonwealth ship or of a Commonwealth aircraft suspects on reasonable grounds that a vessel to which this section applies has been used or otherwise involved in the commission of an offence against an environmental law, he or she may:

bring the vessel to the nearest port in Australia or an external Territory to which it is safe and practicable to bring the vessel; or

by means of an international signal code or other internationally recognised means of communication with a vessel, require the person in charge of the vessel to bring the vessel to that port.

An authorised officer, or the person in command of a Commonwealth ship or of a Commonwealth aircraft, may require the person in charge of an aircraft to which this section applies to bring the aircraft to the nearest airport in Australia or an external Territory to which it is safe and practicable to bring the aircraft if:

the authorised officer, or the person in command of the Commonwealth ship or Commonwealth aircraft, suspects on reasonable grounds that the aircraft has been used or otherwise involved in the commission of an offence against an environmental law; and

the requirement is made by means of an international signal code or other internationally recognised means of communication with an aircraft.

An authorised officer may, for the purposes of this Act or the Great Barrier Reef Marine Park Act 1975 (other than Part VIIA of that Act (compulsory pilotage)), require the person in charge of a vehicle, vessel, aircraft or platform to which this section applies to give information concerning any or all of the following:

the vehicle, vessel, aircraft or platform;

the crew or any other person on board the vehicle, vessel, aircraft or platform;

in the case of a vessel—any dory being operated in association with the vessel;

in the case of a vessel—any person operating a dory in association with the vessel.

A person commits an offence if:

a requirement is made of the person under this section; and

the person fails to comply with the requirement.

if the requirement is made under subsection (2A)—imprisonment for 6 months or 30 penalty units, or both; or

if the requirement is made under subsection (3), (4) or (5)—50 penalty units.

If there is a restraint on the liberty of a person on a vessel resulting from an authorised officer’s exercise of a power under this section in relation to the vessel:

the restraint is not unlawful; and

civil or criminal proceedings in respect of the restraint may not be instituted or continued in any court against:

the authorised officer; or

any person assisting the authorised officer in the exercise of the power; or

the Commonwealth.

A reference in this section to an offence against an environmental law does not include an offence against Part VIIA of the Great Barrier Reef Marine Park Act 1975 (compulsory pilotage).

In this Act: