Commonwealth Consolidated Acts Commonwealth Consolidated ActsNon-citizen on foreign boat outside migration zone
(1) A non-citizen on a foreign boat outside the migration zone is granted an enforcement visa when, because a fisheries officer has reasonable grounds to believe that the boat has been used, is being used or is intended to be used in the commission of a fisheries detention offence, a fisheries officer:
(a) makes a requirement of the boat's master under subparagraph 84(1)(k)(ii) or paragraph 84(1)(l) of the Fisheries Management Act 1991 or paragraph 42(1)(g) of the Torres Strait Fisheries Act 1984 ; or
(b) exercises his or her power under paragraph 84(1)(m) of the Fisheries Management Act 1991 or paragraph 42(1)(h) of the Torres Strait Fisheries Act 1984 in relation to the boat;
whichever occurs first.
Note 1: Under subparagraph 84(1)(k)(ii) and paragraph 84(1)(l) of the Fisheries Management Act 1991 , a fisheries officer may require the master of a boat to bring or take the boat into the migration zone. Under paragraph 84(1)(m) of that Act, a fisheries officer may bring a boat into the migration zone.
Note 2: Under paragraph 42(1)(g) of the Torres Strait Fisheries Act 1984 , a fisheries officer may require the master of a boat to bring or take the boat into the migration zone. Under paragraph 42(1)(h) of that Act, a fisheries officer may bring a boat into the migration zone.
Note 3: The grant of an enforcement visa effectively cancels any temporary visa that the non-citizen may have held (see subsection 82(2A)).
Extended operation of subsection (1)
(1A) The references in subsection (1) to subparagraph 84(1)(k)(ii) and paragraphs 84(1)(l) and (m) of the Fisheries Management Act 1991 are to those provisions:
(a) as they apply of their own force; and
(b) as they apply because of section 87 or 87HA of that Act.
(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 a fisheries officer under Schedule 1A to the Fisheries Management Act 1991 or Schedule 2 to the Torres Strait Fisheries Act 1984 .
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 a fisheries officer exercises under the Fisheries Management Act 1991 or the Torres Strait Fisheries Act 1984 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 foreign boat in prescribed circumstances
(4) An enforcement visa is granted to a non-citizen (who does not already hold an enforcement visa) who was on a foreign boat when a fisheries officer exercises under the Fisheries Management Act 1991 or the Torres Strait Fisheries Act 1984 a prescribed power in prescribed circumstances in relation to the boat. 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 the Fisheries Management Act 1991 .