Migration Regulations 1994

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:

search the ship;

search, without warrant:

an individual on the ship; or

the clothing or the individual; or

any property under the immediate control of the individual;

take possession of any weapon for as long as the officer thinks necessary for the purposes of this regulation;

restrain any individual on board the ship for as long as the officer thinks necessary for the purposes of this regulation;

detain the ship for as long as the officer thinks necessary for the purposes of this regulation;

bring the ship, or cause it to be brought, to a port or other place that the officer considers appropriate;

return to the ship any individual who:

was on the ship when it was initially detained under paragraph (e); and

later leaves the ship.

Subject to this Division, an officer may use such force as is necessary and reasonable in the exercise of a power under this regulation.

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:

the individual (if any) apparently in charge of the ship has been given a reasonable opportunity to open that part or the goods; or

it is not reasonably practical to give that individual such an opportunity.

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.